교원소청위 제도의 문제점과 개선방안 ― 학교법인에 대한 행정소송 허용으로 인한 권리구제 지체현상 해결 방안 모색을 중심으로 ―

With the enactment of the Teacher Status Act in 1991, unfavorable dispositions against teachers at national and public schools and teachers at private schools were equally subject to appeals. Teachers were granted the right to appeal against the decision of the Appeals Commission, while private school foundations were denied that right, which was later overturned by a 2006 Constitutional Court of Korean decision. As a result, the legislative purpose of leveling private school teachers and the national and public ones was lost and it became difficult to obtain relief before the conclusion of administrative litigation. In such case, it would be appropriate to abolish the teacher appeal review system and introduce a mediation system for private school teachers. Disputes between teachers and private school foundations are desirably concluded by agreement, and mediation allows for prompt remedies. If a resolution cannot be reached, the risk of contradiction and conflict between civil and administrative litigation can be avoided as it is currently done by civil litigation. There is no need to set up a separate organization as the mediation committee would be in charge of the existing Teacher Appeals Commission, and professional and prompt dispute resolution can be expected through mediators with expertise in each school.