자치입법권의 한계와 학생인권조례

A handful of local government have already enacted ordinances for human rights of students. A local assembly can enact the ordinances within the limits of law and statutory instrument(administrative legislation) by the Local Government Act. It is enacted in the ordinances for human rights of students that many kind of human rights of student inclusive of the ban on physical punishment and dress code should be protected. With regard to human rights of students, it has been discussed whether the code of ban on physical punishment and regulations on hair length, style and dress is against the law. Ban on physical punishment liberalization of the regulations on hair length and style is against the teacher's authority that is based on the Elementary and Secondary Education Act. It has been held that the hair length restriction did not violate the students' First Amendment right to free speech, nor did it discriminate against male students in violation of the Fourteenth Amendment equal protection clause by the district court in the United States. Also it has been held that the First Amendment free speech clause did not protect student from restrictions of school's dress code and dress code was not overbroad under the First Amendment. In this paper, I have attempt to hold the following. 1. It is desirable to protect the human rights of students in the ordinance of local government, but it should be enacted the law by the The National Assembly. 2. It must be banned to inflict the physical punishment on student and protected the liberalization of the regulations on hair length and style, but the possibility of restrictions on the human rights of students has to be open because it is not only absolutely unlimited right, but also against the teacher' authority.