교육자치의 이념적 기초와 교육자치기관의 구성원리에 관한 연구 -교육자치기관의 독립성, 전문성, 민주적 정당성과 교육감 및 교육의원의 자격요건을 중심으로-

The ideology of higher education is provided in the Article 31, Section 4 of the Constitution. According to the clause “Independence, professionalism and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed under the conditions as prescribed by Act.” It is the ideology of education that the guarantee of independence, professionalism and political impartiality of education. Also it should be respect another constitutional value of democracy in local educational autonomy. From the clause of the ideology of education, we can draw the constituting principle of the educational autonomy institution, for example educational superintendent, member of board of education and board of education. That is the principle of professionalism, independence and democratic legitimacy in educational autonomy. So in the constituting the educational autonomy institution, it should be respected. In my opinion, theeducational superintendent and a member of board of education should be elected in the local election for the principle of democratic legitimacy.  Under the Local Education Autonomy Act the educational superintendent elected by direct vote of the resident and the direct election system by residence will continue. But the member of board of education elected by direct vote of the resident in the last local election, after 2014 the direct election system by residence would be abolished. I suggest that it should be continue the direct election system in the election of the member of board of education for the principle of democratic legitimacy in local educational autonomy. In terms of the principle of the professionalism, The Local Education Autonomy Act provides that at the election for the educational superintendent and the members of the local education board, it is needed to have the specific qualification for a candidate. Those with experience in education or educational administration for ten years or longer could be qualified for the educational superintendent and the members of the local education board. Also the board of education should be constitute with representative who was direct elected by the resident and have the specific professional qualification for the constituting principle of the educational autonomy institution. It could realize the constitutional ideals of autonomy and expertise in education by constituting the education board with previous experience in education. Lastly, for the independence of educational administration it should be guaranteed to the educational autonomy institution who perform their duties.