학교체육 활성화를 위한 입법적 개선방안 연구

Abstract

More than 10 years have passed since the “School Sports Promotion Act” was enacted and implemented with the legislative purpose of strengthening students’ physical activities. Social interest in the importance of school physical education is gradually increasing, but it is questionable whether the law has a system that can properly respond to this interest. The number of hours, that is, quantitative standards, which can be said to be the most essential matter regarding school sports, is regulated through the related notice of the Elementary and Secondary Education Act, and there is no mention or standard in the School Sports Promotion Act. Not only is the number of school physical education hours specified in the relevant notice low compared to other countries such as the United States, but there is also no plan in place to check whether the school physical education hours are faithfully observed. Meanwhile, the various regulations established to promote the improvement of school sports, for example, securing infrastructure, teaching materials, equipment, and supplies related to school sports, only provide abstract obligations in the law, and there are no specific standards or methods for these obligations. These are not provided in the law or even in subordinate statutes. In addition, the School Sports Promotion Act does not provide any means to check whether the regulations related to improvement are being properly implemented or to impose sanctions in case of violation. In addition, the 「School Sports Promotion Act」 includes provisions for activating vulnerable groups in school sports, such as female students and students with disabilities, but the corresponding article, like the provisions related to improvement, only abstractly establishes obligations and does not contain specific details and requires implementation inspection. There are no sanctions measures established. In order to make school sports more active, improvements are required in the following aspects. First, there is a need to enhance normative power by clearly regulating the quantitative standards for school sports, that is, the number of hours, in the School Sports Promotion Act, which is a special law on school sports. Also, taking into account our unique characteristic of not being able to guarantee physical activity opportunities for students without school sports, it is requested to increase the number of school sports sessions to match or exceed foreign standards. Second, in the case of regulations related to the improvement of school physical education, it is necessary to establish detailed standards through subordinate laws and regulations to ensure faithful compliance with the obligations, rather than simply confirming the obligations. In order to check whether various matters stipulated in the law are being properly implemented, a legal basis is established so that a detailed survey on the current status of school sports can be conducted in advance, and based on this, the implementation status is checked and any shortcomings are ordered to be corrected or improved. There is a need to discipline it so that it can be done. Third, in order to revitalize school physical education for female students and students with disabilities, it is possible to review ways to specifically prepare the obligations stipulated in related regulations. Alternatively, taking into account the fact that the demand for school sports among female students and students with disabilities is not uniform, it may be possible to explore ways to leave specific measures up to autonomy and prepare means for implementation inspection and sanctions. In the case of performance inspection, it would be appropriate to prepare and operate it in-house through self-evaluation, etc., while inspecting it by an external specialized agency, etc. and imposing an order for improvement if it is not sufficient to fulfill the obligations stipulated in the law.