교사의 학생생활지도권 근거 입법 이슈 분석

Abstract

On 27 December 2022, the National Assembly passed an amendment to the Elementary and Secondary Education Act, including a new provision for teachers to guide students' lives. Based on cases of violation of teaching rights, teacher organizations have argued that detailed response manuals should be prepared, such as granting teacher’s practical guidance rights, protecting teachers from the complaints regarding normal guidance process, legal action in case of legal disputes, and immediate separation measures in case of problem behavior through the revision of the Early Childhood Education Act, the Elementary and Secondary Education Act, and the Teacher Status Act,In this paper, I analyze the relationship between the presented evidence and cases and the right to guidance, and the relationship between the current system and the new establishment of the right to livelihood guidance in order to examine the validity of the request for ‘actual guidance right grant’. In order to judge the effectiveness of the bill, the cause of the fall of teaching authority and infringement of teaching authority and the relationship between the characteristics of human self-control are examined. In order to analyze the effects and limitations of the laws and regulations related to the guarantee of teachers' right to student guidance and to suggest alternatives, the school rules and student guidance regulations of Gwangju Unam Elementary School are analyzed. In addition, in order to present the direction of amendment of the bill, the relationship between the proposed bill and the 「Act on the Punishment of Child Abuse」 and the 「School Violence Prevention Act」 is analyzed. Based on this analysis, the law and system improvement plan is presented according to the reasons why teachers do not properly exercise their existing authority. In addition, by deeply analyzing the case of the United States, implications for the direction of legislation and policies were derived. In this paper, not only the legislative direction of student life leadership, but also fundamental and long-term measures are briefly presented which is difficult to solve by law.