초·중등학교 교원의 생활지도권의 쟁점과 개선 방안

Abstract

The purpose of this study is to analyze the issues that arise when elementary and middle school teachers exercise their authority to guide students' lives and propose ways to improve them. To achieve this goal, we will first examine the concept of the right to provide guidance and the legal nature and content of the right to provide guidance to students by elementary and middle school teachers (II). Based on this, the limitations of the student life guidance-related legislation and legal conflicts in the actual exercise of student life guidance authority will be analyzed to propose improvement measures (III). Finally, the above discussion is summarized (IV). As a way to improve the current laws, the school guidance that can limit the basic rights of students should be specified in the 「Elementary and Secondary Education Law」 or the Enforcement Decree of the same Act, and the specific means for teachers to exercise their school guidance rights should be prescribed through soft laws such as guidelines. As a way to improve school regulations, it is suggested to clearly present the content and methods of life guidance that lead to disciplinary action as a penalty, to define specific guidance and sanctions prohibited in the process of teachers exercising their right to life guidance, to clarify that parents' right to education is not allowed to interfere with teachers' legitimate educational activities repeatedly and unfairly, to encourage active participation of students and parents in the process of establishment and revision, and to define in detail the authority, role, and responsibility of all teachers, including the principal, so that life guidance can be carried out in close cooperation.