일본교육법상 교육관련 당사자의 교육권개념과 권한관계 정립에 관한 연구

Abstract

Considering the educational relation and the arbitration of conflicts between educational subjects in Japan, we can conclude like this. At first, the control right of school in the nation is restricted by the principle of a constitutional state and democracy to keep the national safety. That is, the school system is applied to the principle of a constitutional state under the constitution admitting the principle of a constitutional state and democracy. Accordingly, the mere standard of government or the decree should not limit the substantial resolution of school system ; and the fundamental rights of students, teachers, and parents : the subjects of school education should be respected. Second, admitted in Japan to realize the students' right to learn and the educational object of the nation, the teachers' right of education has the restriction to be guaranteed in achieving such object. As a result, teachers should observe the constitution and decrees of education, the base of the teachers' right of education : and should obey administrative authorities of school and principals while they should have the duty to obey the resolution of teachers' association in school. So in those aspects, the teachers' right of education has some restrictions in enjoying their rights. At last, in the relation between the control right of school of the nation and the parents' right of education, the parents' right of personal development of their children, the parents' right of education and the right of school decision, nowadays, are considered to be permitted. Also the principle that those parents' right of education should be admitted in school education, has been seen in the Japan Supreme Court cases.