학교생활기록부 작성행위의 법적성격에 관한 고찰

Abstract

The purpose of this study is to inspect drawing up student's cumulative records in the point of legal character. In order to select of students and guide a student' life, The school principal has to manage materials with regard to a school record, human nature, on article 25, 「Act of Primary and Secondary Education in korea」. (1997.12.13, Act No. 5437) According to this article 25, School teachers can draw up cumulative records(of students). In a concrete ways, Teachers have to yearly evaluate a school records of students and students' habits in the class . So, drawing up cumulative records is to mention students's characters of overall school life. This paper examined drawing up student's cumulative records in the point of legal character. It is a public law from the viewpoint of administrative law in korea. Because it is based on a execution of 「Act of Primary and Secondary Education」 with regard to a concrete fact(Verwaltungsakt in German). At first, I examined a meaning, standard, function of drawing up cumulative records at the chapter 1. Next, I examined a legal character of drawing up student's cumulative records from the viewpoint of Verwaltungsakt(in German), Even though teacher can objectively assess a school record, there is subjective as to evaluate student's school life and especially human nature. That's why teacher is not a god, but a man. In conclusion, drawing up student's cumulative records is adapted to Feststellung und Beurteilungsspielraum (in German).