교육감 직선제 대안에 대한 헌법적 검토

Though the way to select or appoint the Commissioner of Education(or The Superintendent of Public Education; The Chief Province School Officer) may be decided at the discretion of the legislature, the Commissioner is elected by the direct election of thje citizens residing in a Province in Korea. The way to elect the Commissioner is criticized for the expenses for the election or the political connection in spite of the political neutrality demanded constitutionally. This article is written to investigate the constitutionality of the alternative ways to select or appoint the Commissioner from the point of the basic principle of education as prescribed in Article 31 Section 4 of the Korean Constitution. The basic constitutional principles of education are the professionalism, independence and the political neutrality of education. The democratic aspect of the way to select or appoint the Commissioner is required for the local autonomy of education as well. Even though the most alternative ways to select or appoint the Commissioner have no constitutional problems, there are some differences among the alternative ways in the aspect of professionalism, independence or the political neutrality of education. The way to elect the Commissioner by direct election by the citizens has its strength in the democratic aspects and independence from the political parties as well. It is not necessary to change the way to select or appoint the Commissioner to another alternative way.