학생운동선수체벌에 대한 비판적 고찰

Abstract

Corporal punishment in school has long been done as traditional practice in education. Nevertheless, its attribute is fundamentally connected with violence. It's doubtful whether corporal punishment does match with the purpose or means of education or not. These days the critical attitude about corporal punishment is concentrated rather on its methods and procedures than itself. But there is a obvious difference in recognition of corporal punishment between teachers and students in schooling field. There is no denying that the negative problems of corporal punishment is taken as an infringement of human rights. Considering that the objective of education is to cultivate democracy citizen, we must try to propose the problem against the justification of corporal punishment itself. From this point, this thesis tried to evaluate corporal punishment from legal viewpoint. First of all, it is a irrational legal discrimination that the violence not permitted with legal could be admitted only in student in the name of corporal punishment. Children, students are also possession of legal right and this is the basic sprit of the constitutional law system. Corporal punishment cannot be justified only in student, because it is essentially violent. Additionally, although the purpose of corporal punishment is for better education, it injures an individual's dignity and lessens their worth. This degrades the value of personality in spite of being used as a means for education. Finally corporal punishment is contrary to the principle of legalism. Even though corporal punishment is demanded for educational purpose, essentially, a constitutionally based country should provide the legal foundation to ensure the highest doctrine of basic human rights. These laws and enforcement ordinance need to minimize the restriction of basic rights for students, and give consideration toward proper measures for effective relief of students in need.