This study considers the reasons for the failure to establish stable local education autonomy in the inherent inconsistency between ‘the Local Education Autonomy Act’(LEAA) and ‘the Local Autonomy Act’(LAA) and the debate about the legal basis of local education autonomy. This study analyzed the legislative problems and suggested ways to improve them by examining the process of enactment and revision of the LAA, ‘the Education Act’(EA), the LEAA, and ‘the Special Act on Decentralization’.
As a result of the analysis, in the process of linking the EA with the LAA, the value of education autonomy was replaced by the value of local autonomy. The debate of the Board of Education as a collegiate executive organ was triggered by Article 121 of the LAA. By Article 12 (2) of ‘the Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems’, the independence, professionalism, and political neutrality of education by Article 31 (4) of the Constitution, which is the basis of education autonomy, were deformed.
The suggestions of this study are as follows. First, it is necessary to separate the legal basis of educational autonomy from the LAA by defining the foundation of the LEAA in ‘the Framework Act on Education’. Second, in order to guarantee the independence, professionalism and political neutrality of education, which is the purpose of the Constitution, Article 121 of the LAA should be abolished after reviving the Board of Education. Third, the establishment of ‘the Special Act on the Promotion of Educational Decentralization’(tentative name) needs to establish local educational autonomy and expand decentralization of education.