敎科書制度에 대한 憲法裁判所와 法院의 判例分析-敎科書制度의 발전을 위한 示唆點과 批判

Abstract

Despite the apparent pro status quo arguments presented in the decisions of Korean judicial courts and the Korean Constitutional Court, their reasoning reveals different aspects of their real opinions. Even though the prevailing opinions of the courts confirm the legality of current regulatory system, I believe, most judges of the courts hoped to reform the current textbook regulations. I have found a number of useful reformative arguments from the reasoning of their decisions. From these arguments, I probed the possible reformative model of the textbook regulation system. First, the textbook adoption system must be regulated not by a Presidential decree but by a Statute enacted by the National Congress. Second, the National publication system of school textbooks must be abolished. Third, participatory rights of the parents should be enhanced, so much so that they can take part in selecting the textbooks. Fourth, procedural regulations should be introduced to the current textbook adoption process to restrict the discretionary power of the Textbook Adoption Committee and the other relevant administrative agencies. Fifth, In order to facilitate the judicial review for cultural diversity, the statutory clauses that provide guarantee against political and philosophical monopoly of the prevailing group should be created by National Congress.