서강대학교

초록/요약

Constitution provides autonomy of university with professionality and neutrality of education. Autonomy of university means to decide to necessary for operating of the university without outside interference. Today's origin of university is Middle age's in europe universities. These universities had been right to autonomy. It was essence of university. Therefore, subjects of rights to university are professors and students that participate operation of university. However, we can't deny reality of university that have don't right to autonomy. Universities have been represented by autonomous faculty and/or student groups and enjoyed autonomy that is the very essence of university. Accordingly, the principal of university autonomy shall be professors and students who, in turn, are responsible for actively participating in the operation. However, the autonomy of Korean universities have not fully enjoyed their autonomy that is protected by the Constitution, but been interfered by the Government policies and regulations. Considering the circumstances, it is necessary for universities to secure their autonomy. First, in order to guarantee their autonomy as per the Constitution, the principle of law-based education shall be observed. This may be realized by prohibiting comprehensive delegated legislation and adhering to constitutionalism. Second, in order to guarantee the opportunities for faculty councils, boards of trustees and student councils to participate in the school operation, it is called for to reform the rules and regulations on those organizations. In particular, the law governing higher education should make it mandatory for universities, without regard to their type, - national, public or private - to establish a faculty council and the board of trustees. Third, current practices should be changed by minimizing regulations and supervision, and guaranteeing the autonomy of universities in most decision-making processes, particularly personnel, academic and financial affairs. Considering personnel and academic affairs directly affect the principals of university autonomy, those thus should be left to the principals' discretion, not to the board of directors. In addition, financial support, such as deregulation on tuition and subsidies to cash-strapped private universities, should be provided so that universities can secure financial autonomy. This may be related to the potential issue of incorporating national universities. It is desirable to set guidelines for potential tuition hikes due to the incorporation, so that national universities can become self-sufficient, not solely relying on the state coffers.