Earticle

초록

영어

It is often said that ‘Education should be a farsighted national policy’. I’m not sure if this slogan holds good in these days because educational environment is changing so fast enough that we cannot keep abreast of it well. A New Freedom that has swept over the world in this Century shows what the end or purpose of human’s desire is ultimately and demands a forceful adjustment of it. Probably, the New Freedom may be guiding righteousness or virtue of education in so harsh and ruthless way to our contemporaries in the world. Just with the word of ‘competition’ defined nowadaysas a super-ordinate concept to the true aim or object of education such as autonomy and originality, the present educational field is being pushed into competition itself. Education had been originally regarded as a private realm, but with the birth of concept of the State, it would be essential to infuse people with a public aim of the State and to educate them with spiritually unified idea, which gave rise to the concept of public education on the premise that people in the State should be enlightened. Although public education in the past originated from the abovementioned purpose, however, it is not too much to say that everything stems from public education today. The Clause 1, Article 31 of the Constitution of the Republic of Korea stipulates that ‘All people shall have a right to equally receive education corresponding to their abilities’. The word of ‘education’ stated in the Constitution refers to public education. And the public education herein includes national, public, and private schools. Therefore, it can be seen that the concept of education in these days guarantees the concept of public education institutionally, while private education may be another realm with which individuals should be charged. The concept of education formed in all these years of transition is still rapidly changing. So the parts to be dealt with in this thesis consist of: (Ⅱ) The relations between the Constitution and Education Act concerning the education right provided for by the Constitution; (Ⅲ) Analysis between education right and learning right followed by the change of subject in education; (Ⅳ) The relations with independence of education considered important in education right; (Ⅴ) The definition and establishment of concepts about ‘Legislation of teachers’ status’ and ‘Faculty reappointment system’ guaranteed in the Constitution. Accordingly, this thesis is to present the true object of education and the future vision of education for the following generations, especially by analyzing the relations between autonomy and self-government of education.

목차

I. 序說
 II. 憲法과 敎育法과의 관계
 III. 敎育權과 學習權의 관계
 IV. 교육의 자주성
 V. 敎員地位法定主義와 再任用制度
 VI. 結語
 참고문헌
 ABSTRACT

키워드

저자

• 崔京玉 [ 최경옥 | 영산대학교 법과대학 교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  입법정책 [Legislation and Policies]

• 간기

  연간

• pISSN

  1976-2445

• 수록기간

  2007~2022

• 십진분류

  KDC 345 DDC 320