학생인권 관련 법제의 쟁점 -학생지도를 중심으로-

Abstract

The policy on the enhancement of students’ human rights is a delicate and complex issue which should be treated with sincere caution. On the one hand, there is concrete arguments that students’ rights naturally shall subject to regulations of school authorities for the purpose of school goals. On the other hand, advocates for students’ rights allege that students shall not shed their rights in front of school gates, and the supporters take sides in the opinion that educational goals should not be used a rationale for suppressing students’ rights. At present, there are considerable variations of opinions on the issue across the regions and schools, and then, it means that the associated policy is not an object for national uniformity through related acts. The alternative and adequate solution to the problem is to delegate the authorities of the regulations of students’ rights to individual schools so that they could establish contingent standards by school rules. Of course, the rules need to be based on the informed discussions and forthcoming consensus of relevant interest groups such as students, parents, and teachers. The policy toward autonomous regulations in schools should have a prerequisite that school rules should be guided by and subject to school laws and related international norms, which illustrate the principles and limitations of students’ rights. The ministry of education has an obligation to write namely administrative order for student discipline for the purpose of guiding schools adequately, or to support local governments in making contingent ordinances for student discipline in considerations of their experiences and situations. The enforcement of such measures is expected to contribute to building up the educationally and legally justifiable criteria for the protections and constraints of students’ rights.