학생 훈육 수단으로서 체벌에 관한 교사ㆍ학생ㆍ학부모의 인식 비교와 법적 과제

Abstract

Corporal punishment as a method for implementing students' discipline is a current issue in Korea. How to harmonize the protection of the students' constitutional rights and the achievement of school governance goals such as establishing public order has emerged as a key challenge. The Korean government revised the Elementary and Secondary Educational Enforcement Ordinance prohibiting corporal punishment using the cane or the body in March 18, 2011. The Enforcement Ordinance also provided that the concrete methods of the students' discipline should be decided on the school regulation with the students' participation as a condition. However, students discipline is not merely a legal matter, it should incorporate historical context of the Korean education. The article analyzed the changes and challenges in schools after the revision of the Elementary and Secondary Educational Enforcement Ordinance, based on a survey by teachers, students, and parents on corporal punishment. The main result of the survey are as follows: Most teachers avoided conflictory situations with the students, and showed a negative response to daily students discipline. In contrast, students and parents responded that little change had occurred after the Enforcement Ordinance. Although most teachers, students and parents opted for light punishment such as hands-up or push-up as discipline method, the conclusion is that there is a big gap in recognition of school practices regarding discipline among the teachers, students, and parents. While it is important to sublate pro and con arguments on corporal punishment, the key legal challenge would be to devise a concrete guideline adjusting students discipline methods which considers school practices.