교사의 책무성 평가의 헌법적 타당성과 그 한계

Abstract

This thesis is to analyze and discuss the constitutional validity and its limitations on the evaluation of teacher accountability, that Ministry of Education try to adapt to the primary and secondary school teachers, as a pilot process. The result of the syudy is as follows. Teachers are not only "educational officials" who have been employed from the nation and parents, they should carry out "the right to receive education" which is delegated to them. But "their educational professionals" who have a highly technical knowledge and skill of instruction should also exercise a professional discretion, and account for its consequences of it. According to the Constitutional Case, "the right of instruction" or "the right to teach" of the elementary and secondary school teachers correspond to official authority delegated by nation and parents. Therefore teachers should report, explain and justify their consequences and performances of exercising a delegated authorities or duties from nation and parents. It is the essence of teacher's job and authority that teachers do exercise a professional autonomy and responsibility of instruction contents and methods.Therefore, the evaluation of teacher accountability should consider those follows; 1) a teacher's professionalism and discretion of instruction prescribed by Act, 2) the contents and methods of teacher accountability and the evaluation 3) the difference between the personal accountability and the collective and common accountability just as the stage of school, schooling years, subjects. 4) the output and performance the teachers accomplish.