교육과학기술부

민원 질의․회신 사례집

2013. 1.

- 일 러 두 기 -

○ 본 사례집에 수록된 민원 질의․회신 사례는 민원인이 제시한 문장 및 자료만을

근거로 작성된 것이므로, 내용의 유사성만으로 일반화하기에 한계가 있습니다.

○ 일부 회신내용의 경우 특정 민원인의 특수한 상황을 전제로 처리한 사례이므로

타인이 내용이 유사하다하여 동일한 법적 효력을 갖는 유권해석(결정, 판단)

또는 각종 신고 및 불복청구 등의 근거자료로 활용하는 것은 적절하지 아니합니다.

○ 민원 질의․회신 사례집에 수록된 민원처리 사례는 2011년 7월 1일부터 2012년

6월 30일까지 처리된 사례 중 민원처리에 참고가 될 만한 대표적인 내용들을

모아서 정리하여, 일부 수정, 정리한 것입니다.

○ 그러므로 사례별 처리내용에서 인용된 법령은 개정이나 폐지, 정부 정책의

변경 등이 이루어진 경우, 참조하시는 시점에서는 부적정하거나 타당하지 않은

사항도 있을 것입니다. 관련 법령의 해석 및 적용에 있어 이점 유의하시기

바랍니다.

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목 차

Ⅰ. 유아 ․초 ․중등교육 및 평생교육분야유 아 교 육 ···························································································································1

4세 유치원 입학 ················································································································3

공립유치원 증설 ················································································································3

유치원장 자격기준 ··········································································································4

놀이학교들의 수업료 징수 방법 ······················································································5

누리과정 의무여부 ············································································································5

다문화 무한 혜택 시정 요구 ····························································································6

만5세 유아 방과후 과정반비 지원 ···················································································6

사립유치원 결제 규정 및 환불 규정 ···············································································7

사립유치원 교사 육아휴직과 출산휴가 ···········································································7

영유아보육 지원 조례를 근거로 한 유아학비 지원 가능 여부 ·····································8

유아교육 한국정체성 교육 문의 ······················································································9

유치원 교육비 인상 ··········································································································9

유치원 교육비 지원기준 ·································································································10

유치원 교육과정 이후의 특성화활동 가능여부 ·····························································10

유치원 보육료 타당성 ·····································································································11

유치원 보육비 지원 관련 ································································································12

경력증명서 발급 및 종일반 강사 경력 인정 ································································12

유치원 운영 ·····················································································································13

유치원 원장 자격증 발급 ································································································14

유치원 입학금 ··················································································································14

유치원 정교사 자격증 취득요건 ·····················································································15

- ii -

유치원 방과후과정 통계자료 ····························································································16

유치원 방과후과정 특성화 프로그램 추천제 ·································································· 16

유치원 진학 문제 ··············································································································17

유치원 체육수업의 정규수업 여부 ···················································································18

유치원 교육비 ····················································································································18

유치원비 카드결제 ············································································································ 19

장애아동의 유치원 보육료 지원 ······················································································ 19

종일제 특성화 교육연수 ··································································································· 20

만5세 유아학비 지원 ·········································································································21

특 수 교 육 ···························································································································23

유치원 특수학급 학생 정원내인지 정원외인지 ·······························································25

유치원 특수학급은 학적이 일반학급인지 ········································································25

농아인의 교육환경 개선 요청 ·························································································· 26

장애유아 의무교육 여부 ··································································································· 26

장애인 평생교육시설 ·········································································································27

장애인편의시설 설치 필요 ································································································28

치료지원비 지원 ················································································································28

특수교육 대상 과령학생 취학 허가 여부 ········································································29

특수교육 치료지원 인력 ··································································································· 30

특수교육대상자 중학교 입학 특별전형 ············································································30

특수교육대상자(장애학생) 중․고 졸업후 진로직업 훈련 ············································ 31

특수교육대상자를 위한 전공과 설치 ··············································································· 31

특수교육보조원 명칭 ·········································································································32

특수학교 전공과 관할 ·······································································································33

특수학교정교사(2급)치료교육 시험 응시 및 중등특수 기간제 교원 응시 문의 ········· 33

특수학급과 진로 및 직업교육 훈련실 면적, 교원 배치 기준 ········································ 34

특수학급에서의 예능 교육 확대 ······················································································ 35

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초 ․중등 학적 및 학교운영 등 ···································································································37각종학교 졸업예정자의 고등학교 진학 근거 ·································································· 39

각종학교 학생 선발 ···········································································································39

고교 입시 전형 동시 지원 ································································································40

고등학교 특례입학 대상자 자격 ······················································································ 41

국․공립학교 설립 ············································································································ 41

외국인 취학 절차 ··············································································································42

해외 유학 자녀 고교 특례입학 조건 ··············································································· 42

조기 입학 관련 문의 ·········································································································43

특례입학 대상자 거주기간 산정 기준 ············································································· 43

나이스 입력 자격증 문의 ································································································· 44

결석일 산출 ······················································································································· 44

정원 초과 전입학 배정 ·····································································································45

정원외 관리학생의 재취학 ································································································45

해외 유학 자녀 특례편입학 ······························································································46

해외 학교 수료 후 중학교 입학 ······················································································ 46

해외유학 후 초등학교 입학 ······························································································47

2014년 내신 절대평가 ·······································································································48

고등학교 지필평가 성적 분리 산출 ·················································································49

기숙형 공립고등학교 규정 제정 ······················································································ 49

미인가 대안학교나 국내의 국제학력인정 기관에서 국내 학교로의 진학 ····················· 50

연구학교 보고서 저작권 문의 ·························································································· 50

초등학교 의무 교육규정 ··································································································· 51

학생생활기록부 수상기록 ································································································· 52

학업성취도 평가방식 변경 ································································································52

귀국자녀의 교과내신성적 ································································································· 53

기간제 교사 등의 학교운영위원회 선거권 유무 ·····························································53

사립중등학교의 운영위원회 회의진행방식 ······································································ 54

학교운영위원회 위원 권한 위임 ······················································································ 55

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학교운영위원회 지도 감독권 ····························································································55

학교운영위원회 학부모위원의 자격 상실 ········································································56

다자녀 가구 학생 방과후 학교 무료 수강 Ⅰ ·································································56

다자녀 가구 학생 방과후 학교 무료 수강 Ⅱ ·································································57

방과후 수당 지급 ··············································································································57

저소득층 방과후 지원 ·······································································································58

주5일제로 인한 수업시수 문의 ························································································ 58

초등학교 돌봄교실 자체 휴무 ·························································································· 59

토요방과후에 대한 교과부의 방침 ···················································································59

미신고 교습소 처리기준 ··································································································· 60

불법사교육 신고포상제 ·····································································································61

초등학교 학부모동반 현장체험학습 가능일수 문의 ······················································· 62

학생 봉사활동의 의미 ·······································································································62

방학 중 외부체험활동의 창의적 체험활동 인정 제안 ····················································63

봉사활동 기록 ····················································································································63

봉사활동 인정기준 ············································································································ 64

에듀팟 기록변경 ················································································································65

에듀팟 자료 등록 ··············································································································66

교복의 학교장 재량 여부 ································································································· 67

교과부 체벌 규정 ··············································································································67

교복공동구매 업무추진주체 ······························································································68

교육봉사활동 인정 여부 ··································································································· 68

학생 봉사활동 취지 ···········································································································69

학교폭력 발생․조치 결과 보고 ······················································································ 69

학교폭력대책자치위원회 결정의 이행 ············································································· 70

학교폭력대책자치위원회 회의록 공개요청 ······································································ 70

학교폭력 가해학생 전학 ··································································································· 71

학교폭력 상황보고서 작성 관련 ······················································································ 71

학교폭력 피해 학생에 대한 출결처리 ············································································· 71

- v -

학교폭력대책 협의체 설치 ································································································72

공립대안학교 교사 자격기준 ····························································································72

대안학교 교사용 대지 ·······································································································73

대안학교 설립주체 ············································································································ 73

대안학교의 각종학교 포함 여부 ······················································································ 74

미인가 대안교육시설의 ‘학교’ 명칭 사용 ········································································74

미인가 대안교육시설 지원제도 ························································································ 75

검정고시 시험일 변경 ·······································································································76

검정고시 응시 서류 ···········································································································76

검정고시 응시 제한기간 ··································································································· 77

검정고시생들의 처우 개선 ································································································78

교육비 원클릭 지원 대상 ································································································· 79

교육비 지원기준 ················································································································79

다문화 가정 정책문의 ·······································································································80

유예와 정원외 관리, 검정고시 응시 자격에 관한 질의 ················································· 81

중등입학자격 검정고시 연령제한 ···················································································82

중학교 과정 지역별 학교운영비 부과 여부 ···································································· 82

중학생 학교운영지원비 무상지원 ·····················································································83

초․중 통합관련 문의 ·······································································································83

다문화가정 대학특례정책 ································································································· 84

외국인의 검정고시 응시여부 ····························································································84

공공도서관 지자체 지원 ··································································································· 85

교육기부 정보 사이트 개설 및 교과서 집필진 신청 방법 개선 요청 ·························· 85

특수중학교 등록금 지원 ··································································································· 86

전문계 고교 수업료 ···········································································································86

전문계특별전형 ··················································································································87

특성화고교 계열간 교차 이수 ·························································································· 87

마이스터고 재학생 진학 ··································································································· 88

- vi -

학 생 건 강 안 전 ·················································································································91

교실의 환기 기준 ··············································································································93

교육환경평가 대상 여부 ··································································································· 93

교육환경평가 조건부 적합 판정 ······················································································ 94

전국 학교 석면 조사 현황 ································································································95

학교 내 석면 처리 일정 ··································································································· 95

학교 설립예정지역 내 화약류 규제 ·················································································96

학교 보건교사 업무 지침 ································································································· 97

학교 급식법 상의 축산물 해석 요청 ··············································································· 97

스포츠토토 정화구역내 개설 문의 ···················································································98

학교 성교육 등 실시 ·········································································································99

학교안전공제회 보상 대상 ································································································99

학교안전사고 보상 대상 ·································································································100

초 ․중등 교원 인사(임용) 복무, 보수 등 ················································································101복무처리 방법에 대해 질의 ····························································································103

특수학교 가산연수 호봉획정 여부 ·················································································103

학과 명칭 변경에 따른 실기교사 자격증 발급건 ·························································104

대학원 경력 인정 ············································································································104

사설학원 강사 경력 관련 ································································································104

유치원 정교사 자격증 분실 재발급 ···············································································105

교원의 국외여행 ··············································································································105

전문대학 교원의 중등정교사 2급 취득 ··········································································106

공통사회 자격증 소지자의 수업 범위 ············································································106

교직이수 학생의 복수전공이수 가산점 ··········································································107

치료교육실기교사 자격증 문의 ·····················································································107

2개 교사자격증 소지자의 기산호봉 관련 ······································································108

개방형 학교장의 자격기준과 임용방식 ··········································································108

사립학교법 시행령에 따른 공개전형 시험 방법 ···························································109

- vii -

고등학교 교사의 초과근무 ······························································································110

공무원 총 정원제와 교원 총 정원제 ·············································································110

공무원의 겸직 허가 ·········································································································111

공익근무 중 겸직 경력 인정 ··························································································111

1정 자격연수 점수의 개선 ······························································································112

1급 정교사 자격 취득 제한 ····························································································112

유치원 정교사 1급 자격증 취득 문의 ············································································113

교과목 인정 여부 ············································································································114

석․박사 교원임용 제도 ·································································································114

교권보호기구 운영 및 처리현황 ·····················································································115

전문상담교사 자격증 취득 문의 ·····················································································115

교사 국외심화연수 파견자 복무관리 ·············································································116

교사 수업 녹음 후 인터넷 게시의 불법성 여부 ···························································116

교사 임용률 통계자료 ·····································································································117

교사 호봉 ·························································································································118

교사 호봉관련 문의 ·········································································································118

교사의 영리업무 해당 여부 ····························································································119

교사의 영주권 유지 ·········································································································120

교사의 임대사업자 등록 가능여부 ·················································································120

교사의 주간대학원 수업 출 석시 복무 ··········································································121

교사의 초과근무 명령 절차 ····························································································121

육아휴직기간의 준교사 자격 연수 대상 포함 ·······························································122

상담교사로 전직 ··············································································································123

교육대학원 진학 후 교사자격증 발급 ············································································123

특수학교 준교사 자격증 취득 방법 ···············································································124

교원 명퇴 후 재취업 ·······································································································124

교원 연가의 범위 ············································································································125

교원 임용시험 장애구분모집 ··························································································126

교원 특별휴가 관련 문의 ································································································126

- viii -

교원 호봉인 정시 교육대학원 경력 인정 ······································································127

교원경력인정범위 ············································································································127

교원노조 실시 연구대회 연구실적 관련 ········································································128

교원능력개발평가 열람 ···································································································129

교원능력개발평가 평가대상자 이유 없는 배제 가능한지 여부 ···································129

교원능력개발평가의 학생 참여 ······················································································130

교원들의 근무시간 질의 ·································································································131

영회회화 전담강사 교육현장 실습 면제 ········································································132

교원에 대한 육아휴직중(산전휴직) 출산휴가 시기 ······················································132

교원연수휴직에 대하여 문의 ··························································································133

교원의 경력환산율관련 문의 ··························································································133

교원의 올림픽 출전 복무 처리 ······················································································134

교원의 육아휴직 관련 규정 ····························································································134

교원의 임무 ······················································································································135

교원의 정상근무시간 문의 ······························································································136

교원임용시험 평가 ···········································································································137

정보․컴퓨터 2급정교사 자격증 ·····················································································137

복수전공 문의 ··················································································································138

교원자격증 취득에 관한 문의 ························································································138

체육전담교사 관련 질의 ·································································································139

보건교사 자격 ··················································································································139

자격연수 성적 평정여부 ·································································································140

교육공무원 동반휴직 ·······································································································140

교육공무원 비영리사단법인대표 겸직 ············································································140

교육공무원 성과급 지급 기준일 ·····················································································141

교육공무원 승진규정 중 학위취득 인정 ········································································142

교육공무원 승진규정(학위취득실적 평정) ····································································142

교육공무원 연가사용 ·······································································································143

교육공무원 육아휴직 ·······································································································144

- ix -

교육공무원 인사제도 개선 ······························································································144

교육공무원 임용령의 내용 문의 ·····················································································145

교육공무원 임용후보자 시행규칙 ···················································································146

교육공무원 타시도 전출시 연구점수 및 연구․시범학교 운영 점수 ··························147

교육공무원 호봉(인사관리)관련 문의 ············································································147

교육공무원 호봉획정(석사) 문의 ···················································································148

교육공무원법 제41조 연수 ······························································································149

교육공무원승진규정 제9조 ‘가’경력 ···············································································149

교육공무원의 징계와 당연 퇴직의 차이점 ····································································150

교사자격증 취득 가능 여부 ····························································································150

산업체 현장실습의 범위 ·································································································151

교사자격 취득 관련 ·········································································································151

교육대학원의 경력인정여부 ····························································································151

교직과정의 변동 입학정원 감소 관련 ············································································152

교직과정 이수 예정자의 결원 발생 관련 ······································································152

교직 복수전공 자격기준 ·································································································153

교직경력인정에 관련하여 ································································································153

중등교원임용 가산점 ·······································································································154

신규 교과목 교원양성 문의 ····························································································154

1급 정교사 자격점수 대체방법 ······················································································155

전문상담교사자격증 ·········································································································155

특수학교 교사 비교과 해당 이유 ···················································································156

자격연수 개설 기관 등 ···································································································156

국외여행 NEIL 기재 ·······································································································157

국제간 연금 산정기간 인정 ····························································································157

기간제 교원의 근무연한 ·································································································158

기간제교사, 무기전환직 채용 ·························································································159

중등교사 임용 절차 ·········································································································160

대학원 수료 후 육아휴직중 논문발표 ············································································160

- x -

면직처분 취소시 보수지급 관련 ·····················································································161

명예퇴직 취소방법 ···········································································································161

중등 사립과원 복수전공 자격연수 ·················································································162

방통대나 사이버대의 교원 경력 인정 ············································································163

방학 중 교원의 시간외근무수당 지급 ············································································163

교원자격증 취득 ··············································································································164

계절학기 교육대학원 수료지 자격증 발급 ····································································165

초등교사자격증 발급 여부 ······························································································166

유아교육정교사2급 자격증 ······························································································166

유치원 교육실습기간 ·······································································································167

체육실기교사 자격증 ·······································································································168

비사범계열 미 이수한 교직과목 이수 후 교사자격증 취득 방법 ································168

사립유치원 원장 교육경력 인정 ·····················································································169

사립학교 경력 인정문제 ·································································································169

사립학교 교원의 겸직에 대한 질의 ···············································································170

사립학교 교장공모제 시행 ······························································································170

공통사회 자격소지자 ·······································································································171

사립학교법제66조의2(징계사유의 시효) 문의 ·······························································172

대학원대학교 유아교육학과 설치 ···················································································173

사범대 재학생의 교육봉사 문의 ·····················································································173

영양교사에서 가정교사로 전과 ······················································································174

사후 공무상 재해 판정 ···································································································175

교생실습 ···························································································································176

1급 유치원 정교사 자격 박탈 관련 ···············································································176

성범죄 관련 교원의 임용결격사유 및 퇴직 관련 문의 ················································177

세종이 근무를 위한 교원 전입 예정 절차 ····································································178

수석교사 시범운영 기간 동안의 가산점 부여 ·······························································178

유치원 정교사2급 요건 ···································································································179

실기교사자격증 신청 방법 ······························································································180

- xi -

교원자격검정령 시행규칙중개정령 관련 ········································································180

사이버대학교 특수학과 교원자격증 문의 ······································································181

중등정교사 자격증 활용 관련 ························································································181

치료교육교사 제도 변경 관련 문의 ···············································································183

어린이집 교육경력이 자격연수 대상 선정 시 포함 여부 ············································183

유치원정교사 자격 취득 관련 전 학교 전공과목 인정 여부 ·······································184

진로진학상담교사 자격요건 ····························································································185

연구대회의 종류 ··············································································································185

연구대회의 종류 및 지정 운영 ······················································································185

교원자격무시험검정 중 교직과목 면제 ··········································································186

실기교사에 대해 ··············································································································186

실기교사 자격증 ············································································································187

전문상담교사 시험 자격기준 ··························································································188

예상퇴직급여 정정 질의 ·································································································188

교직과목 면제 대상 ·········································································································189

전문상담교사 임용시험 응시 자격 ·················································································189

교직과정 이수 지침 ·········································································································189

교대에 특수교육 심화과정 ······························································································190

실기교사 자격증에 대한 건의 ························································································190

영양교육대학원 교생실습 문의 ······················································································191

유치원교사경력인정 ·········································································································191

유치원장임용(부관설정)방법 ··························································································192

중등정교사 자격증 ···········································································································193

교직과정이 설치되지 않은 학과에서 사범계학과로 부전공 가능여부 ························ 193

인턴연구원 경력 호봉 인정 여부 ···················································································194

일반직 공무원 및 산업체 근무경력의 인정 여부 ·························································194

일반징계위원회 위원 구성 ······························································································194

임용전 수료 한 대학원 졸업 후 호봉 인정 가능여부 ··················································195

자격변동 호봉재획정 관련 ······························································································196

- xii -

사서교사자격증 ················································································································196

교육 대학원생의 교육봉사활동 ······················································································196

자녀학비보조수당지급대상 ······························································································197

장학관의 급수체계에 대하여 ··························································································197

방송통신대 교원자격증 문의 ··························································································198

어린이집교사의 상담심리대학원 진학 ············································································199

전문상담 순회교사 복무규정 ··························································································199

교직 이수 시 교육봉사활동 ····························································································200

교생실습비 ·······················································································································201

영양교사 학교현장실습 면제 여부 ·················································································201

전문상담교사 나이 제한 ·································································································202

어린이집경력과 상담치료대학원 진학가능 여부 ···························································202

전문상담교사 연수 ···········································································································203

타계엘 정교사자격증 취득 ······························································································204

유치원 원장 자격관련 문의 ····························································································205

전문상담교사 2급자격 ·····································································································205

부전공 교원자격 ··············································································································206

전문상담순회교사 처우 ···································································································207

특수 재활복지 과목 소지자의 1정 자격연수 및 부전공 연수 문의 ····························208

보육교사의 특수대학원 졸업 후 자격증 수령가능 여부 ··············································209

교원자격검정 중 무시험검정 ··························································································209

교육대학원 모집 요강 ·····································································································210

중등교사 임용시험 복수전공 부전공 가산점 ·································································211

중등교사 호봉재획정 여부 ······························································································211

교육실습관련 ····················································································································212

교원자격증 검색 ··············································································································213

중등교원임용시험 후 병역 ······························································································213

중등임용시험에도 교육학 폐지 ······················································································214

보육실기교사자격증 ·········································································································214

- xiii -

중등 특수(직업) 교사 임용 자격 조건 ··········································································215

직무대리발령에 따른 겸임수당지급 여부 ······································································216

중등교원으로 사이버대학을 졸업한 경우 ······································································216

징계 받은 교원 근무평정 조정(감점) 기준 ··································································217

징계시효 도과한 직원 유죄판결(벌금형) ······································································217

징계의 감경사유 및 학교장의 임명 ···············································································218

징계처분으로 인한 명예퇴직 가능여부 ··········································································218

전문상담사 모집 시 교도교사 자격증 인정 여부 ·························································219

전문상담교사 교원자격취득예정증명서 또는 교직과정이수예정확인서 발급 ············· 219

해외 교육봉사활동 인정여부 ··························································································220

초등 관내 전보 가산점 ···································································································221

초등교사가 유치원 교사를 겸임 가능 여부 ··································································221

1급 정교사 대체가 가능 여부 ························································································222

초박형 교장 공모학교 취소에 관한 조건 ······································································222

보건교사(2급) 자격증 ·····································································································223

실기 교사 자격증 과목 변경건 ······················································································224

교생실습 출석 ··················································································································224

관광 중등교사 자격증 ·····································································································225

특수교사 법정인원 ···········································································································225

특수교사 시간강사의 시급 기준 ·····················································································226

현직 교사의 전문상담교사 전직 ·····················································································226

학습보조인턴교사 채용 ·································································································227

학습연구년제 규정 신설 문의 ························································································228

재외동포외국인의 유아원/사립유치원 운영 ··································································228

해외학교 근무교사의 교육경력 인정 여부 ····································································229

해임 후 복직된 선생님 시간외 수당 ·············································································230

전문상담교사 2급 자격 기본이수과목 문의 ··································································230

호봉획정시 임용전경력 요율 ··························································································231

청소년상담사3급자격자의 전문상담교사 응시 절차 ······················································232

- xiv -

초 ․중등 교육과정 및 교과서 ··································································································2332009 개정(2012 운영) 교육과정 중 예술 교과 문의 ····················································235

2009교육과정 중 체육과 교육과정 문의 ········································································235

7차 교육과정 자료 ···········································································································236

고등 중국어 교과 관련 몇가지 문의 ·············································································236

교과 과정 개편안 ············································································································237

교과서의 저작권 ··············································································································237

교육과정 상의 수업일수 ·································································································238

국정 교과서 리스트 ·········································································································239

국정교과서 콘텐츠 사용 가능 ························································································239

여고 이과반 물리교육 과정 필수개설 요청 ··································································240

정규교과과정의 정의 ·······································································································240

집중이수제 시행 이유 ·····································································································241

초등학교 2009개정 교육과정 적용 문의 ········································································242

초등학교 교과서 문의 ·····································································································242

대 학 입 시 ·························································································································243

해외고에서 한국대학입학 ································································································245

해외 고등학교 학력 인정 ································································································245

재외국인 대학 특례입학 조건 ························································································246

미국 고등학교 졸업 학력 인정 여부 ·············································································247

2013학년도 수능 제2외국어 영역에 대한 질문입니다. ·················································248

2014년도에는 A형과 B형을 선택 ···················································································248

공익요원 수능 응시가능 여부 ························································································249

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