학원법 정비에 관한 정책연구

Abstract

본 연구는 학원법 운영상의 주요 쟁점들에 대해 광범위하게 존재하는 여러 가지 의견들은 종합하고, 종합한 의견들을 기초로 해결되어야 할 구체적 사항들과 구체적 사항들에 대해 가능한 개선방안들을 도출한 후 이에 대한 관계자들의 의견수렴을 통해 최종적으로 현행 학원법 정비의 방향과, 구체적인 개정안을 제시하고자 하였다.

Private learning institutes have been representative providers of private education and training in Korea, and played a key role not only in providing private education but also in developing individual vocational capabilities. In addition, private learning institutes have been quick to respond to the changing needs of the society, thereby supplementing formal education. Also, the functions of private learning institutes have changed in accordance with the changes in the governmental policies on formal school education. There has been a rising voice that the Private Learning Institutes Law should be overhauled although it has already gone through revision several times since 1961, when the 'Private Learning Center Law‘, the first law governing private learning institutes, was legislated. This has triggered the current study "A Policy Study on How to Revise the Private Learning Institutes Law", which has been commissioned by the Ministry of Education and Human Resources Development with the purpose of mapping out plans for overhauling the Private Learning Institutes Law. The study aims to draw improved policy measures for the Private Learning Institutes Law. To this end, the study seeks to suggest a overall direction for the revision of the Private Learning Institutes Law and provide a draft proposal for the revision based on the understanding of current states of main issues and opinions collected from parties concerned. This study consists of the following parts. First, this study reviewed major function and role of private learning institutes. Changes in private learning institutes and in major statistics regarding them are surveyed. Also, the function of a private learning institutes with regard to lifelong learning and its general function as a private education provider is addressed along with the changes in the government's policies on private education. Secondly, the study made a systematic analysis of the current Private Learning Institutes Law and a review of its main aspects. Major regulations comprising the Private Learning Institutes Law and the regulations applied to each pertinent subject are reviewed and analysed in the study. Also, an analysis was made on the main issues arising in practical application of the law. Thirdly, centering around these issues, the study examined the current states and problems regarding the law through interviews with the private learning institutes owners and government personnels who are in charge of administering the law. Officials at local education authorities across the nation who are in charge of affairs related with private institutions are interviewed. Also, operators of private learning institutes in each subject field, those working in branch offices of the Korean Association of Learning Institutes, and the Korean Learning Centers Association were interviewed. Informations and opinions collected from these interviews form the basis in drawing final conclusion with respect to the overall direction of the revision and each revision. Fourth, on top of the results derived from the newly acquired materials and existing materials, a survey on private learning institutes was carried out. The survey is roughly divided into two parts according to the target of the survey. One is the survey conducted on 300 private learning institutes, and another is on officials at education authorities in cities, provinces and towns across the nation. The respondents offered their thoughts on main issues and on improvement measures for the law. Also included is the result of the survey which was carried out in 2001 by the Ministry of Education and Human Resources Development targeting officials in charge of private learning institutes affairs at the 16 education authorities nationwide. The survey was designed to collect opinions for practical measures regarding revision of the Private Institutions Law. Lastly, the study presents a general direction for revision of the Private Learning Institutes Law, and discusses in detail where the law should be revised and what would be the best measures. Putting the results together and reflecting the opinions expressed in open hearings, the draft proposal for revision of the current Private Learning Institutes Law is presented. Major contents of the draft proposal are as follows. First of all, basic principles for revision are suggested; deregulation for private learning institutes developing adult vocational capability, overhaul of the legal system regarding private learning institutes, improvement of the system in classification of learning courses, strengthening local autonomies, the increase in independence and consolidation of responsibilities of private learning institutes, enhancement of equity among different types of learning institutes, and institutionalization of diverse aspects of administration of learning institutes. More specifically, final proposals for revision presented through the study is divided into three parts; the first part is those included in the draft bill which is provided in the appendix of the study, and the second consists of revision proposals which should be dealt with in a enforcement decrees or in ordinances which are sub-laws. and the third includes specific issues which need a further review and discussion before finalysing on the specific points. The proposals included in the draft bill includes the following; securing safety measures for learners at private learning institutes and learning centers; deregulation on private learning for adults as a distinction is introduced between learning institutes where the learners are primarily adults and those where the learners are minors; commission of enacting the provisions on the standards regarding facilities of learning institutes to educational authorities in major provinces and cities; provision on limiting running classes at the institutes for young learners at late night: provision on limiting running dormitory type learning institutes. Also, restrictions on running night classes in learning centers were added, while training of teachers at learning centers is legally supported. As for the new regulations on the private tutors, it was made mandatory for private tutors to additionally report the place of tutoring and to provide lessons only at the reported place. The issues that should be dealt with in sublaws such as enforcement decrees and ordinances, and those whose specific points need further scrutiny are as follows. A revision needs to be made to improve the current classification system for the subject field of private learning institutes, and a revision on the current qualification standards for instructors at private learning institutes and learning centers, a revision on organization and management of the Institution Fee Adjustment Council which is established and operated under the current law. Further discussion needs to be made to improve equity among different subjects of the law, which are private learning institutes, private learning centers, and private tutors by further strengthening regulations on private tutoring. Also, a clear distinction needs to be made between regulations concerning private learning centers and those concerning private tutors. In addition, specific regulations need to be established for private learning institutes which mainly deal with pre-school children, i.e. private drawing institutes for pre-schoolers. These institutes also play a role as day care center for young children who are learners at those institutes. Thus, in the long term, a supportive provision for these types of learning institutes need to be prepared.