「국가교육위원회 설치 및 운영에 관한 법률(안)」에 관한 비판적 검토

The government formed a TF for establishing the National Education Commission with the National Education Committee, the Ministry of Education and the ruling party, and proposed the bill on the establishment and operation of the National Education Commission. The bill, however, is a legislative proposal that cannot realize the purpose of establishing the National Education Commission regarding the composition, jurisdiction, guaranteeing independence and neutrality, and securing political responsibility. The bill comprehensively delegates the composition, jurisdiction, organization, and operation of the Commission to the Presidential Decree. This realizes political interests, but takes no political responsibility. The legal implication of the Commission's independence and neutrality is to normalize the constitutional principle of checks and balances between parliament and the president in response to government failure in certain administrative areas. The National Education Commission, as a social consensus body, should ensure independence and deliberate decision making. At the same time, however, a new type of commission has to be established to ensure democratic legitimacy and political responsibility. Detailed theorization and institutionalization are required for the composition, authority, and relations between the President and the National Assembly.