6개 시⋅도 학생인권조례의 종합 비교를 통한 문제점과 개선과제 연구

Abstract

At the time the Student Human Rights Ordinance was enacted, there were many cases of violation of student human rights, including corporal punishment. However, now, it is said that educational activities are becoming more passive as the number of cases of violations of educational rights by students and parents has increased, and the teaching rights of many students and teachers’ authority to guide students have been significantly weakened. In this study, we analyzed the commonalities and differences in the ordinances of six cities and provinces (Gyeonggi-do, Chungcheongnam-do, Gwangju Metropolitan City, Seoul, Jeollabukꠓdo, and Jeju Special Self-Governing Province) to find out what the content of the Student Human Rights Ordinance is that causes this result. The common points can be summarized as follows. The number of provisions was about 48 on average, and the number of rights provisions that should be guaranteed as human rights for students was about 19, focusing on prohibition of discrimination against minorities, relief of rights, and defense of rights. Among them, on average, there was only about one clause stipulating student obligations. Additionally, a guarantee mechanism for student human rights and procedures for redress of human rights violations were presented. Differences between the ordinances included different orders of chapters, sections, and provisions, and different types and names of organizations to guarantee student human rights. The problem with the Student Human Rights Ordinance is that, unlike the school regulations, there are almost no mandatory provisions for respecting or guaranteeing the rights of others, including suspending the rights of students as minors. Proposals to improve the content of the Student Human Rights Ordinance include the effectiveness of student human rights defenders, the integrated reorganization of organizations related to student human rights, limiting student rights to those necessary for education within the school rather than outside the school, such as at home and society, and responsibilities and obligations of minor students. There will be provisions expansion, etc., and a plan to establish a new Educational Community Ordinance in place of the Student Human Rights Ordinance.