재학관계와 교사의 교육권

Abstract

School relationship is the foundation to explain the rights and obligations among the agents of educational activities. The purpose of this study is to provide the rationale for the right to education of teachers and the double status of teachers with grasping contractual relationship between students and schools. It will be a starting point identifying the rights and obligations of teachers, nation, and the citizens to review how the people gave the right to education to the nation and the teachers. This study grasped that the people entrusted the education to right to teachers for internal matters of education and to nation for external requirements in school relationship, so the right to education of teachers is a constitutional right and the nation has an oversight of the right to education of teachers. According to the results of this study, if we see school relationship as special authority relation, teachers’ education to right is subject to nation’s education to right, and students' education to right is a passive right following educational materials, methods fixed by education curriculum about internal educational cases. But if we see the people entrusted internal matters of education to teachers, seeing school relationship as contract relationship between students and schools, teachers, as educational expert, will provide positive educational benefit on the basis of educational autonomy and political impartiality of education on students' educational needs, and students’ education to right will be substantially guaranteed in school relationship.