교권 보호 조례의 내용 분석 및 개선 방향

Abstract

This paper compares and analyzes similar and different elements of the Ordinance onProtection of Teacher’s Rights(OPTR) and explores directions for future improvement. I looked at the theoretical discussion on the meaning and nature of teacher’s right, and analyzed the contents of eight cities and provinces’ OPTR in light of that. The eight OPTR commonly stipulates the definition of teaching rights, basic principles of protecting educational activities, responsibilities and protection measures for protecting educational activities, measures against infringements on educational activities, operation of the educational activity protection center, and protection of private school teachers. On the other hand, each city/province’s OPTR stipulated different contents reflecting the situations of the education office and the school. The Jeonbuk Self-Governing Province OPTR stipulated teachers’ rights as a fundamental human right under the Constitution and presented the right to teach, in three areas. The Gwangju Metropolitan City OPTR presented the right to guide student lives in four categories and 13 items. The Gyeonggi Province and Jeonbuk Self-Governing Province OPTR stipulated that school principals or teachers can separate students who infringe on educational activities. The Seoul Metropolitan City OPTR stipulated the operation of a legal support team. However, in order to differentiate it from the higher education laws, the OPTR needs to be improved in several ways. First, the meaning and nature of teachers’ rights as competence and rights should be clearly defined and the legal basis should be accurately revised. Second, it should be stipulated so that effective measures can be taken against students or guardians who infringe on educational activities. Third, it is necessary to specifically define the scope and content of the right to teach and the right to guide students’ lives. Fourth, the qualification criteria for the director of the Education Activity Protection Center and the criteria for designating external organizations or groups should be clearly defined. And it is required to integrate the Ordinance on Student Human Rights and the Ordinance on the Protection of Teachers’ Rights and to enact a new ‘Ordinance on the Rights of School Members and Educational Development’(tentative name).