Public Law Issues in the Reform of Early Childhood Teacher Qualifications under the Integration of Early Childhood Education and Care: From the Perspective of the Principle of Statutory Reservation in the Educational System

Abstract

The integration of early childhood education and care (ECEC) is a national institutional reform aimed at restructuring the system of early childhood education and care, which has long been divided between kindergartens and childcare centers. Its success depends less on the unification of administrative jurisdiction or changes in institutional nomenclature than on the normative framework through which the qualifications and status of teachers directly responsible for young children are designed. This article examines the reorganization of early childhood teacher qualifications accompanying ECEC integration, with particular focus on the principle of statutory reservation concerning the educational system under Article 31(6) of the Constitution of the Republic of Korea. Under the current legal framework, kindergarten teachers and childcare teachers differ in their pathways to qualification, the legal character of their institutions, their employment status and working conditions, and their systems of rights protection, pursuant respectively to the Early Childhood Education Act and the Infant Care Act. Accordingly, an integrated qualification is not merely a consolidation of administrative certifications; rather, it constitutes a legislative act that newly shapes essential matters concerning the educational system and the status of teachers or public professional personnel. This article advances the following arguments. First, the fundamental structure of the qualification system—including its title, duties, minimum educational requirements, training programs, practicum requirements, qualification conferral, and transition mechanisms—must be prescribed by statute or delegated to subordinate legislation pursuant to specific statutory standards. Second, the unification of teacher qualifications must be distinguished from the enhancement of professional competence. While respecting the lawfully acquired qualifications and professional experience of incumbent childcare teachers, the state should design a national qualification system incorporating common core competencies as well as advanced competencies differentiated by age group and job function, so as to guarantee young children's rights to development and safety and to ensure the quality of education. Third, transitional arrangements should combine a multi-layered recognition system that reflects professional experience, previously completed coursework, the age groups served, and continuing education records with sufficient transition periods, financial support, and opportunities for procedural participation, in accordance with the principles of equality, freedom of occupation, and protection of legitimate expectations. Fourth, qualification reform must proceed simultaneously with the reorganization of the legal character of institutions, staffing standards, working conditions, fiscal responsibilities, and systems of rights protection. Accordingly, this article proposes a legislative model in which essential matters are prescribed by statute through transitional integration legislation, while the relevant individual education and childcare statutes and teacher-qualification-related laws are progressively revised.