재단과 대학의 바람직한 관계 -법적 관점에서-

Tje Constitutional Law guarantees the university autonomy. In order to that, government should define the legal position of members of the university so that they can execute faithfully their fouction of research and education in the university. The university autonomy should contribute to realization and maintenance of Academic Freedom and the educational community. The University Foundation which is the main constituent for establishment of the university and the university from the subject of Academic Freedom and the university freedom as a unity within the relationship with the government. If the foundation too arbitrarily takes the initiative in specific decision-making processes so that proper functioning of the university may be threatened, however, the university, in the relationship with the foundation, reserves their rights against the foundation based on Academic Freedom and the university autonomy. In this paper, regarding the ideas mentioned above, I have examined some ways to improve the following four probelems. First, members of the university should be able to participate , at least directly, in the formation of the foundation. Second, a framework designed to collect opinions of the members of the university should be institutionalized. Third. in order to manage the foundation in a trasparent way, laws regulating its organization and proceedings should be enacted and revised. Finally, the members of the university should be able to participate in the process for electing the president of the university so that election of the president, carried out within the foundation, can have legitimacy.