교육기본법의 제·개정과 교육입법의 과제

Abstract

The purpose of this study is to suggest the tasks in the legislation of education law through the analyzing of the enactment and revision of 'the Fundamental Law of Education'(FLE). This task means the process of verification about the significance of existence as an 'Education Constitution'. For this, I analyzed the materials, literatures, government reports, and assembly records related with the FLE's the enactment and revision from 1997 to 2008. The FLE stipulated the basic principles of education, providing equal opportunity for education and compulsory education. It is a law that forms the basis of all education-related laws, including the School Education Law and the Social Education Law. At the chapterⅡ, I described the significance of enactment of the FLE, including the backgrounds, the process of discussion about a bill, and it's contents. The FLE clearly regulated the relation of the rights · duties · responsibilities among the parties to an education(students, parents, teachers, school-founder · manager, nation and local governments) At the chapterⅢ, I analyzed the characteristics in the revision of FLE. It has been revised twelve times since 1997. The main purpose of revision is to support the government's new educational policy as a legal basis. As a conclusion, I suggested the three tasks about the FLE. Firstly, The FLE should be complemented at the aspect of status of 'Education Constitution'. And, The FLE should be revised at the aspect of status of 'Norm of educational law and policy'. For examples, the new concept of the basic right of education(instead of 'to receive education'), the scope of compulsory education, education about religion and politics, and the autonomy of university. Finally, I suggested the precondition of revising the FLE, and follow-up measures.