초등학생일기 검사의 위헌성

Abstract

The major purpose of the study is to review whether teacherꡑs censorship of elementary school studentꡑs journal writing. The research method is the critical analysis of the National Human Rights Commission of Republic of Korea decision on this censorship. The major findings are as follows. The commission ruled that the teacherꡑs censorship of elementary school studentꡑs journal writing violates his or her freedom of conscience and privacy because this censorship is against the original purpose of the journal writing and it is possible to achieve this purpose with other measurements while accepting the educational effect of the journal writing. I think that the teacherꡑs censorship of the elementary school studentꡑs journal writing violates his or her privacy for the following reasons. First, this censorship has an aspect of the teacherꡑs of glance of the studentꡑs privacy. Further, this censorship is the outsiderꡑs interference with and pressure for the privacy because the student cannot write frankly in the journal on the account of his or her fear of the opening of his or her privacy. Finally, this censorship cannot meet the form and method prolongs for restricting the fundamental rights. Also, I think that the teacherꡑs censorship of the elementary school studentꡑs journal writing violates his or her freedom of conscience for the following reasons. First, the censorship demands that the student should make a value-judgement on whether s/he opens his or her privacy. Second, this censorship prohibits him or her from writing the journal frankly because of his or her fear of evaluation, sanction, and opening. Last, the censorship cannot satisfy the form, method, and content prolongs for restricting the fundamental rights.