학생, 학부모 등에 의한 교사폭력에 대한 법적 대응방안 연구

Abstract

The right to learn is a fundamental right of each individual student, and guaranteed by the constitution and other laws. Yet securing the right to learn of students carries various obligations and responsibilities. Above all, the nation’s educational power or educational responsibility is wielded by systematic education, so-called ‘school education’, and school regulations, curriculum, selection of a textbook, study hours, educational activities and educational right of a teacher at school should be guaranteed by law, and not only a position as a teacher, but also a teacher’s official authority should be guaranteed. However with regard to educational activities in school, teachers’ educational right, social/ethical authority, or teacher’s professional position is invaded, and violence against teachers frequently breaks out by students and parents, etc. The problem is that an act of violence against teachers is regarded as just the infringement of fundamental rights, and that a relevant teacher assaulted could end up suffering great damage as a teacher mentally and physically. In the meantime, teachers’ physical punishment on students as a disciplining method is prohibited by actual relevant law. But schools are based upon the principle of cautioning or preaching against using violence, and take actions such as transferring a troubled student to another school. As the aforesaid details, teachers’ guiding or protecting students regarding students’ (or others) infringement of the teacher’s right (e.g. violation of school regulations or class interruption) or violence against teachers based upon a student rights ordinance and the law in force seems poor and inept handling. Such disciplinary actions are of no effect, repeatedly being conducted. Many agree that in these circumstances the teacher’s authority is weakened and the running of schools is inefficient by passive education and guidance. Even students’ violence against teachers in other countries is not acceptable, and severe penalties are imposed on such acts. To be more specific, students’ violence against teachers is prohibited under the positive law and precedent, and a thorough post-management on teachers with physical/mental-health issues has great implications for us. Generally, students or parents’ violence against teachers in schools is regarded as a charge of assault or injury, and also as business interference. Even in courts of Korea students and parents, etc. who assaulted teachers were sentenced to imprisonment or to a fine, which has proved that cases which punish such people sternly are increasing. Basically violence of students and parents, etc. against teachers is directly connected to both the invasion of the public interest (e.g. infringement of the right that other students take a class) and collapse of school education. As lately violence against teachers gets brutal, a criminal penalty seems the only solution. Violence against teachers cannot be justified in any case and criminal penality is to be imposed, which can contribute to detering potential crimes and preventing violence against teachers in advance. Moreover, if causing damage to either teachers or schools, those who have caused such damage should compensate for it. Above all things, a safe educational environment in school should be created in order to prevent violence against teachers. To do so, the awareness should be improved to create a positive learning environment in school and protect the teacher’s authority. It is necessary to grant a right and authority to teachers, which enable them to continuously conduct prevention education programs and discipline students for prevention of potential violence against teachers in school. If the teacher’s authority is infringed or violence against teachers occurs, not only a criminal penalty, but also compensation on those who conduct such violent acts should be imposed. Also a thorough post-management on teachers with physical/mental-health issues is required.