제18대 국회 교육기본법(안)의 주요 입법쟁점 분석

Abstract

This thesis, working on the premise that The Fundamental Law of Education is a charter of education, aims to identify the manner in which to interpret its substantial contents, and to determine what legal system it builds in terms of relations between the constitution and individual law. In addition, it is also designed to provide the direction for its legislation in order to secure the law’s systematic legitimacy by analyzing and examining a variety of legislative dispute issues related to the law. Accordingly, by focusing on the legislative examples related to its legislation and revision, taking in particular the bills introduced during the 18th National Assembly as the subject of analysis, this thesis analyzes them according to the formation of each chapter through various methods, including document analysis, bills analysis, and precedents analysis. The analysis of legislative dispute issues, on the premise that The Fundamental Law of Education is a charter or a basic law, found that the following aspects should be supplemented ; right to learning(bill §3), equal opportunities for education(§4), and compulsory education(§8) out of ‘Chapter Ⅰ General Statement’, and learners(§12) out of ‘Chapter Ⅱ Education Parties Concerned'. However, in relation to ‘Chapter Ⅲ Promotion of Education’, it was found that newly-adopted issues like ‘the national education curriculum committee(§17-5)’, ‘education of children of multicultural families (§20-2)’, and ‘the index of school life adjustment(§26-3)’ should be reviewed in connection to individual laws in terms of the legislative system.