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영국 대학설립 절차 및 요건

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주영한국교육원
Date
00:48 15 Jun 2007
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영국 대학 설립 절차 및 요건

1. 대학설립
- 1992년의 계속 고등교육법 (Further and Higher Education Act : FHEA, 1992) 이전에는 학위수여권을 가진 모든 대학은 Royal Charter 나 국회법률에 의거하여 설립되었음
- FHEA 법률전문 : 다음 웹사이트 참조http://www.opsi.gov.uk/ACTS /acts1992/Ukpga_19920013_en_1.htm

※ Royal Charter : 추밀원의 심의 하에 왕이 내리는 허가증. 도시, 대학, 공공기구 등의 설립시 Royal Charter에 근거함
A Royal Charter is a charter granted by the Sovereign on the advice of the privy council, to legitimize an incorporated body, such as a city, company, university or such. A Royal Charter is a kind of letters patent. In medieval Europe, cities were the only place where it was legal to conduct commerce, and Royal Charters were the only way to establish a city. The year a city was chartered is considered the year the city was "founded", irrespective of whether there was settlement there before. A Royal Charter can also create or give special status to an incorporated body. It is an exercise of the Royal Prerogative.
At one time a Royal Charter was the only way in which an incorporated body could be formed, but other means such as the registration of a limited company are now available. Among the historic bodies formed by Royal Charter were the British East India Company, the Hudson's Bay Company, the Peninsular and Oriental Steam Navigation Company (P&O), and the American colonies

- 1992년 이후 영국의 모든 학위수여권을 가진 고등교육기관은 인정된 대학 목록에 포함됨
- 1992년 법률에 따라 학위수여권한 취득이나 대학명칭을 사용하려는 경우 법률이 정하는 절차에 의거함

2. 관계 법률
- Education Reform Act 1988에 의해 어떤 기관이 학위를 수여하기 위해서는 그 기관 자체가 허가받은 기관이어야 함
- 현재 학위수여 기관 목록은 “http://www.dfes.gov.uk/ recognised ukdegrees/index.cfm?fuseaction=institutes.list&InstituteCategoryID=1”에서 확인 가능함
- FHEA 1992에 의해 허가없이 University 명칭을 사용할 수 없게 됨

3. 학위수여권과 대학명칭 사용 절차
희망하는 기관에서 Privy Council (PC)에 학위수여권과 대학명칭 허가 신청 → 교육기술부(Department for Education and Skills : Dfes)로 송부 → 교육기술부는 QAA(Quality Assurance Agency for higher Education)의 자문 요청 → QAA에서 심사후 추천여부 결정, 교육기술부에 의견제출 → Dfes에서 Privy Council에 의견제출 → PC의 Royal Charter(국왕 허가증) 교부

※ Privy Council (추밀원) : 국가의 중요사항에 대하여 왕에게 자문 및 의견을 제출 하는 기구
The Privy Council is one of the oldest parts of Government, but it has, over time, adapted to reflect the fact that the United Kingdom is a constitutional monarchy. Appointment to the Privy Council is for life, but only Ministers of the democratically elected Government of the day participate in its policy work.
The Ministerial head of the Privy Council Office is the President of the Council. The Privy Council Office provides Secretariat services for the Privy Council (that part of Her Majesty's Government which advises on the exercise of prerogative powers and certain functions assigned to The Queen and the Council by Act of Parliament). Much of the day-to-day work of the Privy Council Office is concerned with the affairs of Chartered Bodies, the 400 or so institutions, charities and companies who are incorporated by Royal Charter. The Privy Council also has an important part to play in respect of certain statutory regulatory bodies covering a number of professions and in the world of higher education.
Another major function of the Privy Council, exercised through its Judicial Committee, is the provision of a final Court of Appeal for a number of Commonwealth countries who have chosen to retain it. The Judicial Committee also deals with appeals from medical and veterinary disciplinary bodies and in certain ecclesiastical cases. The Committee consists of Lords of Appeal in Ordinary and some senior commonwealth judges. The Judicial Committee is also responsible for considering devolution issues (that is questions of whether acts of the devolved administrations in Scotland, Wales and Northern Ireland are fully in accordance with the legislation which set them up).
The Privy Council Office also has responsibility for the administration of the Office of the Leader of the House of Commons, and his Deputy. Details can be found on the Office of the Leader of the House of Commons website.

4. 설립 기준 (Guidance)
- 학위수여권과 대학명칭 사용에 관한 기준 2004년 9월 공표
http://www.dfes.gov.uk/recognisedukdegrees/index.cfm?fuseaction=content.view&CategoryID=8 에서 확인 가능함

- Guidance
Guidance on eligibility for inclusion of an institution in the Listed Bodies Order

The following is intended to provide guidance on which institutions would be eligible for inclusion in the Listed Bodies Order http://www.legislation.hmso.gov.uk/si/si2004/20042753.htm.

The Listed Bodies Order is a Statutory Instrument which, because of the lengthy administrative, legal and parliamentary process involved, is updated by the Department once every two years.

Recognised UK universities or UK higher education institutions with their own degree awarding powers supply the Department with details of institutions for inclusion in the Listed Bodies Order. The list of institutions that appear on the Order are published in the Department’s recognised UK degrees website and can be found at
http://www.dfes.gov.uk/recognisedukdegrees/index.cfm?fuseaction=institutes.list&InstituteCategoryID=2.

To be included in the Listed Bodies Order:

An institution must offer a complete honours or foundation degree course, leading to a degree of a recognised body. (Institutions which offer part of a degree course or contributions to a degree course are not included);
An institution must offer degree courses. (Institutions offering diploma courses only, undergraduate or post graduate, should not be included);
An institution must currently exist and currently provide degree courses. (The Listed Bodies Order is not intended to provide a 'historical' perspective. Institutions which no longer exist, for example through merger, or which no longer provide degree courses, should not be included);
Only bodies in the UK are included in the Orders. Overseas provision is not covered by the legislation.