교원지위법정주의를 기준으로 한 고등교육법 비판

This study comprises a critical analysis on the Higher Education Act which has been an obstacle to the realization of “statute reservation principle of teachers’s status”. Article 31 of the Constitution stipulates the principle that the status of teachers should be reserved by act so that teachers can educate independently and neutrally without the influence of the education authorities and school managers, so that The Private Schools Act and the Public Education Act provided provisions guaranteeing the status of teachers, including granting university teachers the right to receive their reappointment procedure. However, the practice of teachers’ Personnel and court understand that the stipulations guaranteeing the status of teachers as stipulated in the Private School Act and the Public Education Act apply only to teachers under Article 14 of the Higher Education Act and not to those prescribed in Article 17 of the Higher Education Act. Since “statute reservation principle of teachers’s status” do not apply to the professor like adjunction professor prescribed in Article 17(including visiting professor, hereinafter referred to as the ‘Adjunction Professor’), even they are professor as well, only when the Higher Education Act clearly stipulates the reason for not applying “statute reservation principle of teachers’s status” to the Adjunction Professor, universities can be blocked from attempts to appoint a professor applicant as Adjunction Professor. The current Higher Education Act provides that the status of a teacher can be determined by the choice of a university rather than by the law, as it does not provide reasons for the need for Adjunction Professor, nor requirements for appointment of Adjunction Professor. As a result of the recent revision of the Higher Education Act called an Instructors’ Act, universities are attempting to hire a large number of Adjunction Professor instead of instructors, as the requirements for appointment of Adjunction Professor are not stipulated by the law, which allows universities to avoid the revised Higher Education Act by employing Adjunction Professor with poor treatment instead of instructors. Therefore, in order to realize Constitutional order to guarantee the status of teachers, the regulations on concurrent Adjunction Professor especially those on visiting teachers should be revised.