관계적권리에서 본 교권(敎權)의 재검토

Abstract

Students, parents and teachers are the stakeholder of the educational consultation. Currently, schools and teachers are required to guarantee rights and legal requirements for students and parents as educational subjects. Teachers, on the other hand, are more emphasized on accountability rather than rights and authority. There are three major errors in the interpretation of these laws. First, 5.31 educational reform changed the concept of learners (students) from subordinate receivers to the educational subjects, and teachers are supporters of students. Educational policies overanalyzed the law and resulting in a totally different interpretation that teachers exist only if students exist. Second, treatment of teachers becomes worse and serious infringement of teachers’ rights was increased, we tried to solve the problem by amending “Special Act for Improving Teacher Status” in 2016, however article on teacher’s rights has not been modified. Although “Special Act for Improving Teacher Status” was enacted and amended thirteen times, the infringement on the teachers’ right is still left to a serious level. Finally, in any law, there is litigation parties and the corresponding gains. If students’ rights exist, obligation should be accompanied to the legal equality. In other words, if there is an obligation only in the relationship between teachers and students, and there is no authority and right, this means a breakdown of the relationship. That is the related laws are seriously infringed on the concept of justice and equality of the law, and it is unconstitutional since it has exceeded the scope of the law. In this paper, above three points will be thoroughly analyzed and suggest the way to improve the system by reviewing the concept of teachers' rights in consideration of rights in relationships.