한국 학교에서 아동권리협약의 적용과 과제 : 체벌 · 징계절차 · 표현의 자유를 중심으로

Abstract

Korea has developed rapidly in the political areas as well as the economic areas. The rights of students in schools, however, has been relatively ignored. The reasons could be the closed system of school organization and the 'in loco parentis' doctrine. Korean government has ratified the Convention on the Rights of Child in 1991. It means the Convention is valid in Korea. The UN Committee of Rights of Child pointed out in its concluding observations to prohibit the corporal punishment in Korean schools, and to enforce the due process in the discipline of students. It also suggested to protect the students' rights of expression. This study analyzed the Korean statutes and legal cases of Korean Constitutional Court related with the corporal punishment, due process, and students' rights of expression. The other issues, such as the discrimination, the rights of education, school violence and safety problem, and the privacy were referred briefly. This study suggested several tasks to implement the major issues relating with the Convention on the Rights of Child. First, students should be conscious of the dignity of human beings including himself. Second, the Statutes of Education should be amended to prohibit the corporal punishment in schools. Third, the excessive competition for higher education entrance examination should be changed. Fourth, the Korean courts and Constitutional Court need to be more positive in accepting the international treaties including convention on rights of child. Fifth, the responsibilities which students must observe should be emphasized together with their rights. Finally, the communications between the students and teachers should be increased to clear up the distrust between them.