생활지도는 어떻게 규율되어야 하나? -「교원의 학생생활지도에 관한 고시」와 해설서 비판 -

Abstract

This article provides a legal analysis of 「The Ministry of Education’s Notice on Teachers’ Guidance of Student Life」and ‘The Commentary on the Notice on the Ministry of Education’s Notice on Teachers’ Guidance of Student Life, which were enacted in September 2023 as part of a plan to strengthen teachers' teaching power and rights, and examines their effectiveness. The purpose is to suggest ways to strengthen it. To achieve this purpose, we first reviewed the contents of the Notice on Teachers' Guidance of Student Life and the Explanation of the Notice on Teachers' Guidance of Student Life(Ⅱ). Based on this, problems and improvement plans were proposed, focusing on the format and details of the "Notice"(Ⅲ). Finally, the above discussion was summarized and the direction of the Student Life Guidance Regulations was proposed(Ⅳ). As a result of the discussion, student life guidance is a residual category of educational activities excluding subject education, and corresponds to an educational method for guaranteeing and realizing students' basic educational rights. Therefore, the Notice on Teachers' guidance of student Life should be abolished, and matters restricting students' fundamental rights should be regulated by laws or regulations. In other words, among the contents of student life guidance, basic matters concerning students' human rights should be regulated by the Elementary and Secondary Education Law, and detailed matters should be delegated and regulated by the implementing regulation of the same law. In addition, it is appropriate to regulate matters concerning specific events related to teacher guidance in the form of soft law, "Guidelines for Student Life Guidance".