법제적 차원에서 본 교권의 의미

Abstract

The purpose of this study is to educe the legal implications of ‘Teachers’ educational authority’ by analyzing equivocal concept, act and legal theory relevant to ‘Teachers’ educational authority’. This study analyzes the meanings of ‘Teachers’ educational authority’ as teachers’ authority, as teachers’ right to education, as well as total rights for teachers. In addition, this study reviews how the current laws such as 「Constitution of the Republic of Korea」, 「Framework Act on education」, 「Public Education Officials Act」, 「Private School Act」, 「Special Act on Enhancement of Teachers' Status」, 「Regulations regarding teachers honored」 legalize ‘Teachers’ educational authority’. From the legal institution’s standpoint, ‘Teachers educational authority’ is viewed as a source of influence on students, parents and the society based on teachers’ professionalism. As such, the needs of authority concerns guaranteeing the right to education for teachers with professional positions. The current legal institution takes 'the Legislative Reservation for Teachers' Status' in order to assure teachers’ rights to education, and its realization. And this position suggests that the current legal institutions make efforts and focus on securing teachers’ positions, as well as strengthening their socio-economic status.