대학의 구조변화와 교수의 법적 지위 -대학자치에서의 지위를 중심으로-

The Status Of Professors In The Autonomy Of Universities

대학의 조직구조와 법적 성격은 고정된 것이 아니었으며 이에 따라 대학의 자치도 시대에 따라 달리 이해되어 왔음을 독일 대학의 역사에서 확인할 수 있다. 국가교육제도 속에 편입된 근대대학은 더 이상 중세대학과 같은 자유 단체가 아니므로 교수회가 대학의 최고의사결정기구가 되어야만 한다는 주장은 설득력이 약하다. 대학자치에서 교수의 특별한 지위는 대학에서의 교수의 임무로부터 유래하는 것이므로, 교수의 참여권도 당해 대학의 법적 형태, 의사결정기구의 종류 및 그 구성방식이나 권한을 정하는 법령, 정관, 학칙에 의해 다르게 구체화되어 질 수 있는 것이다.

The status of professors in university autonomy was based on the academic freedom and the tradition of university autonomy. But the structure of universities has been undergoing historical changes, and thereafter it is obvious that the status of university professors cannot be fixed. In this article I will examine how to comprehend the status of professors under the present law system, which specifies the self-regulation of universities in the constitution but lacks of related law taking shape it. For this, I regarded especially the historical change of the structure in German universities. It`s because the theories about university autonomy in Korea deprived from those of Germany. Started as a guild of students and professors, the german universities are incorporated at the end of the medieval times into national organization, the professors became the status of a public official. Despite this, the university autonomy by the faculty was respected. It was maintained by the specific tradition of respecting the academic freedom in Germany. But after the mid-20th century, Universities became what is called to multiversity. Furthermore, globalization forced universities to a limitless competition. Being the head of those changes in American universities, the faculty meeting is not a top council in the university governance and has only the competence of making decisions in researching and educating subjects as a subordinate organization of the board of trustees. The legal status of the professors can be understood differently according to the regulations of the legal character of universities under the positive law. Defining the university as a corporation or a national facility, the professors can be understood differently as main member or merely a group of staffs. Undoubtedly, if a national university becomes a corporate, the circumstances could be changed. In the case of private universities, to admit their character as a member group is less easy, and this can dilute the assertion of the professors to participate. In conclusion, considering the history of universities and the character of universities under the positive law, the assertion of the faculty being the top council of the universities in Korea is inappropriate. The authority of the faculty mainly consists of according to the tradition the right to participate in research, lecture and invitation of professors. Each professor has the right to attend, speak and vote in the faculty. In large universities, however, there is a senate beside the faculty meeting, therefore the professors` right to participate converts to the right to elect the representative in the organization or to the eligibility for election. Merely, the right to participate of a professor or the faculty should be defined as a right that can be differently taking shape by the competent university`s ordinances, bylaw and regulations, and they will determine the council`s type and its organizing form or authority.