교사의 교육의 자유에 대한 연구 -교과서 판례를 중심으로-

Abstract

The research examines the textbook system of primary and secondary schools in Korea, and explores the limit of educational freedom of teacher by analyzing the issues with regard to textbook-related legal cases. Legal cases related to textbooks used in Korean school are categorized as follows. First, the case covers the textbook system itself including the suggestion that government-designated textbook system and textbook authorization system are against the Constitution. This case proves that educational freedom of teachers is limited on the basis of the case of rescission claim of disqualification in textbook authorization screening and the constitutional petition related to article 157 of Educational Law which approves the government designated textbook system and textbook authorization system. Second, the cases related to the textbook authorization screening focus on the extent to which the government intervenes. These cases includes the rescission claim case of disqualification of teacher's guide book in the initial screening of textbook authorization, the case that confirms the invalidity of disqualification of the textbook, and the case that revokes the qualification of government authorized textbook for middle school students. The teacher’s educational freedom related to the use of textbooks is limited by accepting the government's authority in judging not only miswritten or typographical errors and other apparent mistakes or technical problems but the relevance of textbook contents in the authorization screening of the textbooks. Thirdly, the cases cover the illegality of the revocation case of revision order of the qualified textbook used in schools after authorization screening. The Supreme Court clarifies in this case that the purpose of textbook authorization system is to assure the independence, professionalism, and impartiality of education. Therefore, most cases prove that it is necessary for the government to intervene in textbook writing and publication and to limit the teacher's educational freedom. The cases, however, in relation to the revocation case of revision order of the qualified textbook are crucial for teacher's educational freedom related to textbooks, and that's the reason why we should focus on the ongoing legal case that government has withdrawn its order to revise Korean history textbooks.