교육기본법 제19차 개정(2021.9.24.)의 평가와 과제

Abstract

The purpose of this study is to interpret the legal meaning of the revised Fundamental Law of Eduction(hereinafter referred to as ‘FLE’) and suggest legislative tasks. This thesis consists of five chapters; I. Introduction, II. Discussion criteria: The spirit of the Constitution and the significance of the FLE, Ⅲ. Purpose and Main Contents of the 19th Amendment, IV. Key Issues and Legislative Comments, Ⅴ. Conclusion: Legislative Tasks. The purpose of the FLE is to provide for the rights and duties of citizens and the obligations of the State and local governments on education, and prescribe an educational system and fundamental matters for its operation. Therefore, the amendment of the FLE heralds a wide change in the education system. The amendments to the FLE include the enactment of the number of students per class, the obligation to respect the autonomy of education and school management, the change of name to lifelong education from social education, and to awareness of gender equality in equality of education of males and females, etc. Regulations on the number of students per class have implications in response to population decline. The guarantee of autonomy in education and autonomy in school operation means progress in educational autonomy. The name change to lifelong education brought about a change in the name of the legal system. The change of name to the consciousness of gender equality spread the concept of equality. The legislative tasks proposed in this paper are as follows. Strengthening the legal basis of the FEL through Constitutional amendment, clarifying the division of roles between the state and local governments, legislating education-school-university autonomy, and completing the concept of basic education rights from the perspective of lifelong learning.