학생인권조례에 관한 법적 고찰

Abstract

Human rights is not a bundle of rule to be observed for the reason that they are provided by the law and the provisions that prescribed the rights that should be enjoyed today as the man are found in various laws all over the world. However, the more important than that is the genuine understanding and fulfillment of human rights and the spirit of respect and the introspection toward oneself and others. Therefore, it cannot be expected that the rights would be guaranteed naturally if they are prescribed and enacted in an ordinance. Therefore, this study indicated the problems in the existing ordinance enacted through the judicial examination and proposed several policy suggestions on the direction for the local governments, which intend the ordinance in future. First, it was suggested to take the collaborator model (student, teaching staff, parents, education administration agency, local community, etc.) as a basic viewpoint not the right holder-infringer model so that all the members and related persons in the education field can make effort practically. Second, to make the human rights as daily practice and the moment of not infringing human rights more meaningful than that of infringing them, it is important that the ordinance of student's rights would play the role of building and forming the human rights rather than control. Third, it is judged that the specific responsibilities to build the human rights-friendly education culture need be prescribed institutionally in diverse levels such as student, teaching staff, educational administration, local community, parents, etc.