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Legal Consideration for the Realization of Education Community - Focused on the Reinforcement of Teachers’ Authority -
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교육공동체의 실현을 위한 법적 고찰 ― 교권보호를 중심으로 ―

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Type
Academic journal
Author
Journal
Korean Public Law Association Public Law Vol.45 No.1
Published
2016.10
Pages
451 - 483 (33page)

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Legal Consideration for the Realization of Education Community - Focused on the Reinforcement of Teachers’ Authority -
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Abstract· Keywords

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The country is constantly pushing for educational reforms to realize the education community so that we can get over the current crisis of education. Still, you can see a variety of conflicts and confrontations among the community members. In fact, the infringement on teachers’ authority in the classroom got so bad that the government has tried to amend laws to protect teachers’ rights. However, I’m not sure if it will work since there are lots of issues to be overcome with the revised laws yet.To begin with, there are no specific regulations on the definition and the scope of the teachers’ authority. Next, there are no clear rules about educational freedom of teachers, temporary teachers’ status and master teachers’ positions, which can help teachers get more professional. Plus, they care more about patching things up afterwards than they do about taking precautions against the infringement of teachers’ rights. They also lack specific provisions regulating criteria, step-by-step measures and legal limitations in case of violations of teachers’ authority. Besides, the rights and the obligations among the members come into conflict and competition with one another in separate ordinances.Therefore, we need to make improvements to practically guarantee teachers’ rights in harmony with the education community as follows.In the first place, we need to establish the definition and the scope of the teachers’ authority clearly. Next, we need to improve education environment for teachers to become more professional and responsible. In addition, we need to strengthen systematic prevention education, such as human rights education. Also, we have to tighten legal sanctions against the infringement of the teachers’ rights and to make a better dispute resolution system. Lastly, we need to enact an ordinance on the education community in which the rights and the responsibilities of its members are in harmony.
#교권 #교권침해 및 보호 #교육공동체 #교육권 #구성원 간의 권리와 의무 조화 #education community #harmony between rights and responsibility of the members #infringement and protection of teachers’ authority #teachers’ authority #teachers’ rights

Contents

국문초록Ⅰ. 들어가며Ⅱ. 교육공동체와 교권의 의의Ⅲ. 교권보호 관련 법제의 내용 및 문제점Ⅳ. 교육공동체의 실현을 위한 교권보호의 법적 과제Ⅴ. 나가며참고문헌Abstract

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  • 헌법재판소 1992. 11. 12. 선고 89헌마88 全員裁判部

    가. 교육법(敎育法) 제157조, 교과용도서(敎科用圖書)에관한규정(規程) 제4조, 제5조에 의하면 중학교(中學校) 교과서(敎科書)의 편찬은 교육부가 직접(直接) 또는 위임(委任)하여 편찬하게 되어 있어 일반(一般) 사인(私人)은 물론 국어교사(國語敎師)라 할지라도 이를 저작(著作)·발행(發行)·공급(供給)할 수 있는 길이 봉쇄되어 있으

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