국립대학법 제정을 위한 연구

The Article 5 of ‘Higher Education Act’ says that school should be directed and supervised by the Minister of Education, Science and Technology. It can't find any accordance with the articles of constitution, and violates academic freedom and autonomy in universities. There are a few more articles which can not be justified by korean constitution. It is very difficult to find article in ‘Higher Education Act’ about the proper legal standing of national university. The persistent efforts of political regimes since 1992 to reform national university governance system has ended in fail because of systematic resistance of professor union. But the government has succeeded to adopt the ‘Incorporation Act of Ulsan National Institute of Science and Technology’, which is established in 2009. And Korean government and Parliament are also nowadays set to introduce the Incorporation of Seoul National University Act. It's main content is to better an efficiency in the management of the national university. But the two Acts have many unconstitutional articles which violate autonomy of university. The Korean Constitutional Court made decision, that university autonomy must be maintained to protect from improper interference of government. Japan has implemented the incorporation of national universities since 2004. The sweeping incorporation of Japanese national universities was rooted in the reforms of government after long-term deflation. But there are many opinions against it, because it acknowledges inappropriate power of university president and harsh interference of government. The necessity of National University Act is rooted in bringing academic freedom to national universities. It must contain the democratic governance system and right of professor to se-lect president. The state must respect the autonomy and self-governance of university, and give financial assistance especially to the local national universities, which need special accounts support of parliament.