교과용도서 관련 법규의 문제점과 개선 방안

Abstract

Although textbook related law has been improved and developed for years through several amendments, the main frame based on the Presidential Decree, which is administrative legislation, has been remained. One of most important problem of textbook related law is that many detailed matters of textbook policy is delegated to administrative legislation. In Constitution of the Republic of Korea Article 31 Clause 6 claims the Legislative Reservation for Educational System by stating, “Fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance, and the status of teachers shall be determined by Act”. It means, the main framework of educational policy in terms of organization and administration should be in charge of legislature. This paper suggests legal improvements as follows. First of all, Elementary and Secondary Education Act Article 29 Clause 2, the law of use of books for classes, should be elevated its legal status to upper law level. Secondly, standards of textbook compilation and approval need to be legislated. Rather than being controlled under the variable document level in organization, it is desirable to clarify the legal basis by legislation. Thirdly, as long as Textbook Standards Board has considerable power to influence the rights and duties of educational practitioners and related people, its legal basis should come from not the legal level of order, but of law. In addition, this paper also suggests textbook approval/recognition order, which mandated to superintendent, should be integrated into the Administrative Authority Commission & Entrustment Regulations. The ultimate purpose of legal improvements this paper suggests is to protect education rights. This is the same reason that why Constitutional law clarifies the Legislative Reservation for Educational System. Most of the current textbook related law system is mainly based on administrative legislation; it strengthens the administrative power on textbook and also broadens exercising the discretionary power. There could be some downside of reducing government control. On the other hand, there would be more downside of excessive intervening of administrative power. The both downside can be weakened and handled by improvement of law. The legislation of textbook related order not only verifies the rights and duties, given by legal stability, but also prevents abuse of administrative power.