초ㆍ중등학교의 교육환경 조성의무와 학생의 학습권 보장

• 영문명: The Duty of elementary and secondary Schools to make educational Environment and the guarantee of Right to learn of Student
• 발행기관: 원광대학교 법학연구소
• 저자명: 노기호(Noh, Ki-Ho)
• 간행물 정보: 『원광법학』제24권 제3호, 9~40쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.09.30

영문 초록

It is usually said that the most important impact to threaten the right to learn of student is the invasion of safety for educational environment in school. that is, a life guard for problem students and punishment for them, violence in school, bully problem, criminal case caused by punishment and the other several safety accident caused in school. The invasion of safety for educational environment in school is the essential factor to invade the right to learn of student. Korea constitution article 35 (1) said that "all citizens shall have the right to a healthy and pleasant environment. The state and all citizens shall endeavor to protect the environment". So all citizens have the right to a healthy and pleasant environment and the state has the duty to guarantee these right of citizens. These environment right means that to live in healthy and pleasant environment in narrow, just to live in environment without invasion of life and health. But in wide, to live in good social environment such as cultural environment, road, park, education, medical care are involved in these rights. In these days, the right to environment means that not only natural environment but also cultural and social environment. By the way, how much safety of our educational environment in school even though these constitutional right to environment? What they are doing for protecting the invasion of safety for educational environment in school and to protect the light to learn of student. We need to discuss about how to do their duty to making safe educational environment. To promote safe educational environment, the school and educational authority as well as student and parents need to change their mind for educational environment and to do something. that is, the change of mind of teachers, students, educational authority and parents and to prepare legal and institutional system for them are needed. First, it is needed to change of mind for the importance about educational environment in school and the right to learn of student. Second, the code for protecting school violence is needed to amend more effective and detail so that to applicate any problems raising in school. Third, educational authority, schools and NGO are needed to do something for removing the invasion of safety for educational environment in school and making safe educational environment by legal and institutional system.

목차

Ⅰ. 서 설

Ⅱ. 국가 교육권한의 존재의의로서의 학생의 학습권

Ⅲ. 생존권적 학습권으로서의 교육을 받을 권리

Ⅳ. 초ㆍ중등학교의 교육환경 조성의무

Ⅴ. 결 론

참고문헌

Abstract

키워드

학생의 학습권 교육환경 교육환경조성의무 교육환경안전성 학교폭력 학생체벌 Right to learn of student Educational environment. The duty to make educational environment. The safety of educational environment Violence in school Bully problem