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커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Considering the educational relation and the arbitration of conflicts between educational subjects in Germany, we can conclude like this.
At first, the control right of school in the nation is restricted by the principle of a constitutional state and democracy to keep the national safety. That is, the school system is applied to the principle of a constitutional state under the constitution admitting the principle of a constitutional state and democracy. Accordingly, the mere standard of government or the decree should not limit the substantial resolution of school system ; and the fundamental rights of students, teachers, and parents : the subjects of school education should be respected.
In fact, the control under constitutionalism against the control right of school, however, leads to violate the educational right of teachers who are regarded as one of educational subjects.
Second, admitted in Germany to realize the students' right to learn and the educational object of the nation, the teachers' right of education has the restriction to be guaranteed in achieving such object. As a result, teachers should observe the constitution and decrees of education, the base of the teachers' right of education : and should obey administrative authorities of school and principals while they should have the duty to obey the resolution of teachers' association in school. So in those aspects, the teachers' right of education has some restrictions in enjoying their rights.
At last, in the relation between the control right of school of the nation and the parents' right of education, the parents' right of personal development of their children, the parents' right of education and the right of school decision, nowadays, are considered to be permitted. Also the principle that those parents' right of education should be admitted in school education, has been seen in the Federal Constitutional Court cases.
The national obligation of education in school is not less important, but more important than the parents' right of education in that respect. The educational duty of parents and the nation aims at the personal education of children, and is not separated into some authorities. Moreover, the nation should obey the parents' responsibility for the general education of children in school and admit a variety of educational problems, the court said.
This means, instead of the old "principle of separation" in the educational right of parents and the nation, the court suggested the new "principle of same-grade cooperation".
At first, the control right of school in the nation is restricted by the principle of a constitutional state and democracy to keep the national safety. That is, the school system is applied to the principle of a constitutional state under the constitution admitting the principle of a constitutional state and democracy. Accordingly, the mere standard of government or the decree should not limit the substantial resolution of school system ; and the fundamental rights of students, teachers, and parents : the subjects of school education should be respected.
In fact, the control under constitutionalism against the control right of school, however, leads to violate the educational right of teachers who are regarded as one of educational subjects.
Second, admitted in Germany to realize the students' right to learn and the educational object of the nation, the teachers' right of education has the restriction to be guaranteed in achieving such object. As a result, teachers should observe the constitution and decrees of education, the base of the teachers' right of education : and should obey administrative authorities of school and principals while they should have the duty to obey the resolution of teachers' association in school. So in those aspects, the teachers' right of education has some restrictions in enjoying their rights.
At last, in the relation between the control right of school of the nation and the parents' right of education, the parents' right of personal development of their children, the parents' right of education and the right of school decision, nowadays, are considered to be permitted. Also the principle that those parents' right of education should be admitted in school education, has been seen in the Federal Constitutional Court cases.
The national obligation of education in school is not less important, but more important than the parents' right of education in that respect. The educational duty of parents and the nation aims at the personal education of children, and is not separated into some authorities. Moreover, the nation should obey the parents' responsibility for the general education of children in school and admit a variety of educational problems, the court said.
This means, instead of the old "principle of separation" in the educational right of parents and the nation, the court suggested the new "principle of same-grade cooperation".
목차
Ⅰ. 서론
Ⅱ. 국가의 학교감독권과 권한 관계
Ⅲ. 교원의 교육의 자유와 권한 관계
Ⅳ. 부모의 교육권과 권한관계
Ⅴ. 결론
참고문헌
〈Abstract〉
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