교육감과 관련한 일본의 지방교육자치제도에 대한 연구

Abstract

The purpose of this study is to identify the problems with the education autonomy system and conflicts of the Japan, which is implementing the local education autonomy system to find a way to resolve conflicts and disputes that occur between the Minister of Education and the educational superintendent., and to suggest reasonable improvements. In Japan, as in Korea, there are conflicts and disputes between the central government and local governments. However, what is different from us is that the autonomy of local governments has been strengthened following the decentralization reform promoted by Japan in the 1990s. The Local Autonomy Act restricts the central government's involvement with local governments, and requires its intervention to meet the specified requirements and to follow due process, detailed in the relevant laws. In other words, the case of Japan, where there is a legal regulation making the central government not restricting or interfering autonomy of local governments, suggests that more detailed regulations are required within the scope that the government’s involvement and intervention doesn’t undermine the autonomy of local governments to us, where the requirements and process of the central governments’ intervention in local governments are simplified. In Korea, similar to the National and Local Dispute Resolution Committee in Japan, an administrative consultation and mediation committee exists under Article 168, but it is ineffective because there are insufficient regulations on the authority of the committee and the effect of the decision of the committee on the central and local governments. It is necessary to prepare a new type of dispute mediation body and related regulations that can minimize the loss that may occur in case of a dispute or conflict through comparative review of dispute mediation bodies in Korea and Japan.