完善教育工作者申诉制度的法律研究

Kwonil Kim, J. Sohn
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摘要

教育工作者申诉制度是保护教育工作者权利的一项重要制度,目前运行良好。然而,还有很多事情需要改进。特别是在教师权力的下降越来越普遍,甚至影响到人们对教师职业的偏好的情况下,比以往任何时候都更有必要想办法完善教育工作者的申诉制度,以恢复教师队伍的稳定,鼓励他们作为教育专业人员充满信心地教书。在这种情况下,我们研究了目前学校清洁系统的问题和改进方法。首先,在《教育工作者申诉》中,有必要扩大原告资格和原告对象,因为扩大在教育领域受到不公平或过度惩戒的教育工作者对其不公平的申诉和获得救济的途径,是保护教育工作者地位和权利的出发点。具体来说,通过与专职教员类似的程序被任命、履行相同职责的国立大学讲师应该被赋予申诉权。此外,需要认真和积极地审查是否有必要提出警告和警告的呼吁,因为这些基本上与不成文的警告没有什么不同。另外,对民办学校教育工作者惩戒行政行为的认定和行政中止申请权的授予也应进行前瞻性的解释。教育工作者申诉委员会的运作也应允许在教育工作者申诉阶段进行和解和调解,并应将目前非常狭窄的申诉范围加以更广泛的解释,以便迅速准确地解决教育方面的矛盾和工作困难。这些改进有些是解释性的,有些是立法性的。当这些制度得到改善时,教育工作者上诉委员会的工作负担将不可避免地增加。因此,有必要扩大教育工作者申诉委员会的组织,并增加律师资格专家,以提高工作的效率和专业性。此外,为了进一步提高教育工作者申诉委员会的专业性,有必要研究将幼儿园、小学、中学教师与大学教育工作者分开的方案。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Legal Study on the Improvement of the Appeal System for Educators
The Appeal System for Educators is an essential system for protecting educators' rights and is currently working well. However, there are many things to improve. Especially as the decline of teaching power is becoming more widespread, affecting even the preference for the teaching profession, it is more necessary than ever to find ways to improve The appeal system for educators to restore the stability of the teaching staff and to encourage them to teach with confidence as education professionals. Under these circumstances, we looked at the problems of the current school cleaning system and ways to improve it. First of all, it is necessary to expand the claimant qualification and claim targets in the Appeal for Educators, as expanding the avenues for educators who have been unfairly or excessively disciplined in the field of education to complain about their unfairness and receive relief is the starting point for protecting the status and rights of educators. Specifically, national university lecturers, who are appointed through a similar process to full-time faculty and perform the same duties, should be granted the right to file a complaint. In addition, the need to allow appeals for warnings and cautions, which are essentially no different from unwritten warnings, needs to be seriously and actively examined. In addition, recognizing the administrative action of private school educator discipline and granting the right to apply for an administrative stay should be interpreted prospectively. The operation of the Appeal Commission for Educators should also allow reconciliation and mediation at the educator appeal stage, and the scope of grievance claims, which is currently very narrow, should be interpreted more broadly so that conflicts and work difficulties in education can be resolved quickly and accurately. Some of these improvements are interpretive and some are legislative. And when these system improvements are made, the burden of work on the Appeal Commission for Educators will inevitably increase. Therefore, it is necessary to increase the efficiency and professionalism of the work by expanding the organization of the Appeal Commission for Educators and deploying more experts qualified as lawyers. In addition, it is also necessary to consider separating kindergarten, elementary, and secondary school teachers from university educators as a way to further enhance the professionalism of the Appeal Commission for Educators.
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