교육의 정치적 중립성의 헌법재판소 판례에 기반한 지방교육자치제 방향 탐색

This study explored the development direction of the local education autonomy system drawing the operating principles by considering the decisions of the Constitutional Court and the law related to political impartiality of education. The discretion of the legislative power is granted by the Constitutional Court as long as it does not infringe the worth and the fundamental rights of the Constitution. Also, the Constitutional Court has made a decision that ‘the same method of the election of the political institutions, the method under the control of the mayor, governor and the council, and the decision method by people related to education and culture’ are the limits of the local education autonomy system that are not allowed under the Constitution. The Constitutional Court has stated that ‘the Constitution is like a device for harmonious order through moderation, and its ideal is Optimization not Maximization.’ because man who is by nature a political animal cannot be freed from the politics and all that is neutral and nonpolitical cannot be separated from the politics. This study suggests the development direction of the local education autonomy system to neutrally deal with the effect of various political powers on education, through political balance of education, minimizing political influence, distribution of power and the operating principle of the local education autonomy system by educational supervisors as stated in the decision of the Constitutional Court.