학생생활지도 법제의 문제점과 개선방안

Abstract

In this study, as a background for the enactment of living guidance for student, the situation of infringement of teacher rights and honorary retirement was examined. Infringement of teacher rights decreased in 2020 when Corona 19 spread, but increased again from 2021. Insult and defamation are the most common types of infringement. As a result, job dissatisfaction is on the rise. Also, compared to the 2005 school year, the number of honorable retirements increased by more than 5 times in elementary schools, 12 times in middle schools, and 7 times in high schools in 2021. The most common reason for this is the difficulties of living guidance for student. The laws related to living guidance for student were analyzed by dividing them into laws related to school education and laws related to child abuse. As related legislative trends, 「Special Act On The Improvement Of Teachers’ Status And The Protection Of Their Educational Activities」 and the 「Elementary and Secondary Education Act」 amendment proposal were analyzed. As measures to improve the current legislation, legislation of 'guidance' as a teacher's duty, including kindergarten, institutionalization of student opinions on living guidance, establishment of immunity from damages caused by legitimate educational activities, participation in education personnel in child abuse investigations, pre-screening system for reporting of child abuse was proposed.