초·중등교육법상 생활지도에 대한 법적 성격과 과제

Abstract

On December 8, 2022, some amendments to the Elementary and Secondary Education Act, which aims to strengthen teachers' authority to guide student’s school life, passed the National Assembly(South Korea), and are set to take effect on June 28, 2023. In Article 18 of the Elementary and Secondary Education Act before the revision of the law, in addition to student guidance regulation, the text of the law included "other methods can be guided" and left an issues for interpretation of what "other methods" meant in Article 18. However, due to the revision of the law, the contents of Article 18 of the Elementary and Secondary Education Act were deleted, and Article 20-2 clearly stipulated as student guidance, enabling practical student guidance for teachers. The following are the matters to be noted in this study regarding legal issues and tasks that may be raised in the future in relation to student guidance. First, Article 20-2 of the newly established Elementary and Secondary Education Act also provides an indeterminate legal concept(‘unbestimmter Rechtsbegriff’ in German) of 'when necessary for educational activities of teachers', and individual and specific grounds for student guidance can be guided in accordance with 'national laws and school regulation'. Second, the contents(especially, teacher’s guidance method) of student guidance are required to be determined by school regulations, and in the case where specific means and methods of student guidance are determined by school regulations, what matters should be reviewed before enacting or revising school regulations were reviewed. In short, this study reviews legal issues and tasks that may be raised in the future due to the establishment of new student guidance in Article 20-2 of the Elementary and Secondary Education Act and proposes matters that need to be improved in the future.