이주배경학생의 교육지원을 위한 입법제안

Abstract

The transition toward an immigration society has brought significant changes to school environments in Korea. In response to these changes, the Ministry of Education proposed the use of the term “students with immigrant backgrounds” in 2023 in order to include students who had not been encompassed by the existing category of “multicultural students” and to eliminate the prejudice implicit in that terminology. At the same time, the Ministry announced plans to enact a legal basis to address the evolving needs of schools. In line with these social demands, this study reviews the current legal framework supporting students with immigrant backgrounds and aims to examine the feasibility and theoretical justification for enacting a special act on educational support for such students that adequately reflects the needs of educational settings. This study analyzes existing laws related to educational support for students with immigrant backgrounds and reviews relevant prior research. In addition, it examines overseas cases in which educational challenges arising from the transition to an immigration society have been addressed, and analyzes their implications in order to inform the enactment of a new legislative proposal and possible amendments to existing laws applicable to the Korean educational context. To identify the needs of educational practice, this study draws on consultations with a range of experts, including supervisors working in educational settings and scholars involved in related projects, as well as prior research. Based on this analysis, the current status and limitations of legal and institutional support for students with immigrant backgrounds are examined, and the necessity of enacting an independent law dedicated to their educational support is assessed. First, this study establishes the definition and scope of students with immigrant backgrounds, thereby clarifying the beneficiaries of the right to learning and specifying the target group for educational support. Second, educational needs are categorized into ensuring access to public education—namely, the guarantee of educational opportunities—and ensuring an appropriate learning environment. On this basis, the study proposes legislative measures to guarantee the right of students with immigrant backgrounds to enter public education and to strengthen their capacity to engage in substantive learning after entry into the public education system. The enactment of a special act would contribute to supporting the education of students with immigrant backgrounds, creating a stable learning environment, and facilitating their long-term settlement in Korea. Moreover, it would provide a legal framework to support their development into members of society through education tailored to their abilities and aptitudes. While this study proposes the enactment of a special act in response to current social conditions, it also suggests that, in a future immigration society, consideration should be given to integrating such legislation into a comprehensive education support law applicable to all students.