학교폭력 사안의 학교생활기록부 기재에 관한 법적 쟁점 분석

Abstract

The purpose of this study is to analyze legal issues of filing out the school violence on student's cumulative records based on “A Comprehensive Plan for Eradicating School Violence” in Feb.6th. 2012. In present, the superintendent of education in Gyeonggi-do sued Ministry of Education in Korea by urging that filing out the school violence on student's cumulative records is not legitimate because it is not based on law and is violating basic human rights of bullies. In this study, we analyzed whether drawing guideline for filing out the school violence on student's cumulative records has legal character and examined the characteristics of filing out the school violence on student's cumulative records in terms of local autonomy. Then, we investigated whether filing out the school violence violated the principle of the prohibition of excessive restriction. As a result of analysis, we concluded that filing out the school violence on student's cumulative records is legitimate because applicable provisions are legally authorized by law and administrative rule. Also, though due to the localization and liberalization, many parts of educational issues are regarded as local issues, still filing out the school violence on student's cumulative records is a work which is delegated by central government. Finally, when examining filing out the school violence on student's cumulative records in terms of justification of purpose, appropriateness of instrument, and balance of benefit of the law, filing out the school violence on student's cumulative records seems to be justified because of balance of legal interests.