교육당사자의 교육기본권과 국가 교육권한의 내용과 갈등 해결에 대한 헌법 이론적 연구: 보호자 및 교원을 중심으로

Abstract

Education in Korea has important significance for the purpose of realizing the constitutional ideology. Since the Constitutional Constitution of Korea, the basic education rights of the people have been stipulated and guaranteed, and the authority to form a national educational order is recognized. Conflicts between educational parties are occurring in the field of education in Korea, and in particular, the educational authority of the country has the possibility to infringe on the basic education rights of other educational parties, so it is necessary to find a solution direction through theoretical review of the conflict. Therefore, this study was aimed at the guardians and teachers who frequently encounter conflicts among educational parties, and theoretically reviewed the contents of their basic education rights and sought solutions to resolve conflicts with national education rights. As a major research result, we tried to define the concept of educational parties that do not exist under the Framework Act on Education. In addition, as a result of theoretically reviewing the concepts, grounds, and contents of the guardians and teachers, in the conflict between the guardians and the state, in the public education field, the two parties equal to learners as a cooperative relationship for learning. There is a need. Next, in the conflict between teachers and the state, the educational rights of teachers as a power of authority are limited due to the national education rights. Based on these results, suggestions were made on policy directions.