「학교폭력예방및대책에관한법률」제·개정에 따른 교원의 교육 재량 인식에 관한 연구

Abstract

Our society is currently aware of the seriousness of the problem of school violence nationwide, and is sensitively responding to the process and results of handling the school violence case. Accordingly, policymakers have also suggested several alternatives to prevent and respond to the issue of school violence. The 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」 was enacted in 2004 and has been revised 28 times, including some amendments to other laws, by 2023, when this paper was written. However, it is difficult to reflect the educational field and the teacher's point of view, because teachers who are primarily responsible for doing school violence tasks are not official participants in establishing policies related to school violence. Therefore, the aim of this paper is to investigate teachers' perception on how the enactment, revision and enforcement of the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」 affected teachers' educational discretion. First, with respect to educational discretion, 6 components were selected based on previous studies on the discretion of teachers and the discretion of ‘street-level bureaucrats’. Accordingly, among the 23 amendments to the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」, the revision contents expected to affect the components of educational discretion were selected. A survey was conducted, based on the contents of enactment and 5 revisions of 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」. For each of the six elements constituting educational discretion, the survey participants who are teachers expressed on the Likert 5-point scale how much teachers felt restricted each enactment or revision of the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」. In addition, based on the results of the survey, FGI (in-depth group interview) was conducted for teachers with experience in handling school violence cases and tasks. As a result of the study, it was found that in accordance with the main contents of the enactment and revision of the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」, all the factors were negatively affected, ‘Professionalism in Work’, ‘Independence from Laws’, ‘Independence from External Organizations’, ‘Responding to Complaints related to the case’, ‘Autonomy of Educational Activities’. Among them, the participants responded the relatively lowest restriction is introduction of the principal's own termination system in the minor cases. Meanwhile, teachers saw that school violence-related guidelines did not reflect the workplace well, increased the burden of tasks, and lowered the autonomy and efficiency of work. In addition, the most difficult thing for teachers in handling school violence cases and tasks was ‘Responding to Complaints’ from students and parents who are involved in the case. This thesis is meaningful in that it showed the tendency of teachers, who are ‘street-level bureaucrats’ in the field of education, to reduce their educational discretion in the process of handling school violence cases and tasks according to the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」. Teachers' educational discretion has a significant influence on the overall educational activities, including the issue of school violence. In accordance with the purpose of enacting the 「ACT ON THE PREVENTION OF AND COUNTERMEASURES AGAINST VIOLENCE IN SCHOOLS」, in order to prevent school violence and to prepare effective countermeasures against school violence, teachers should not be forced only to have duties and responsibilities. Corresponding discretion should be guaranteed, and a systematic system should be established to find educational value in the issue of school violence at the national level.