학부모 연구의 입법적 과제와 교육법학적 접근

Abstract

The purpose of this study is to suggest the tasks and new approaching method of ‘Education Law’(hereinafter referred to as ‘AEL’) at study of Parent and Guardian. This article composed of four chapters; the backgrounds of 'Science of Parent and Guardian' and relationship with educational law, process of legal policy related with parent(from the Parental authority to the Parties Concerned in Education), Understanding about AEL and research sample, and as a conclusion and tasks of legislative policy and suggestion from the view of AEL. The legal base of the Parent and Guardian's right in education comes from Civil Act(Article 913; Rights and Duties to Protect and Educate Child). A person of parental authority shall have rights and duties to protect and educate his or her child. In exercising parental authority, priority shall be given to the welfare of a child(Article 912; Standards for Exercise of Parental Authority). Constitutional Court agree with the Constitutional bases of parent's right in education(1998 heon-ga 16, heon-ma 429). And the Basic Act on Education more directly regulated parent's right in education(§5② …… Students and their parents and local residents may participate in school operation as prescribed by the laws and regulations/ §13② Guardian such as parents may present their opinions on education of sons and daughters or children under their care to schools, and the schools shall respect their opinions). The main characteristic of the approaching method of Education Law is to analyze a legal consciousness as well as contents of law. As a conclusion, this article suggested the some lessons through previous studies for the parent's right in education and the case study about the School Operation Committee. The law related with parent's right should be revised as a direct and essential right. And Association for Studies in Parents and Guardian(ASPG) should focus on qualitative development than quantitative growth.