학내에서 교사의 선거운동과 정치적 표현의 자유에 대한 연구

Abstract

With the revision of the Public Official Election Act, the age of the electorate was lowered, and although it may vary depending on the date of birth, high school students also have the right to vote now. In the year of a public official election, schools are expected to face confrontations due to differences in the interests of students with and without voting rights. In addition, due to the nature of school education based on teaching by rote, it is expected that the independence of the students' voting rights will be damaged when teachers have political biases. The current legislation, tailored to the 19-year-old election age, excessively restricts teachers' political activities in the Education Civil Service Act, the State Public Officials Act, the Private School Act, and the Public Official Election Act, etc. to ensure political neutrality in education, but this situation is not reflected. Article 31 (4) of the Constitution stipulates that “Independence, professionalism, and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed under the conditions as prescribed by Act. It is not defined as a restriction, but as a guarantee.” The independence of education should not interfere with the promotion of the rights and welfare of students with the basic right to receive education. In addition, although it is limited by the ideology and ethics of the state and the social community, school education must ensure the independence of educators to the maximum degree possible. To this end, the constitution stipulates political neutrality in order to escape the pressure and influence of state, political, and social power. This study theoretically examined the basic political rights of teachers and the political neutrality of education. After that, through interpretative and legislative approaches, it aims to present the standards for guaranteeing teacher election campaigns and freedom of political expression within the school.