일본에서 교원의 정치적 활동에 관한 연구

Teachers organizations have recently been asked for the revision of laws to ensure the Teacher’s political rights as a citizen before being public servicemen. On the other hand, many laws and legal cases have not accepted political participation of teachers in the Republic of Korea. I examine the propriety of such legal systems regarding education from making a comparative study of the Japanese legal system similar to the Korean one. Fundamental Law of Education in Japan(22.12.2006 law No. 120) in Article 14 puts the provisions of “the citizen should have political education” and “the citizens have right to have political education.” In paragraph 2, “educational institute should not support or oppose a particular political party, other political activities and political education.” It is the principle of the political neutrality of education. Also ① ‘Temporary Law for ensuring the political neutrality of the education in schools’ And ② ‘Special law on education officials’ are called ‘Two law’ about the Political activities of teachers which limit Japanese Teacher’s Political activities. But unlike South Korea, in Japan the political behavior of the teachers, with a few exceptions, are not prosecuted. Conventionally the political behavior of public servicemen also widely limited in Japan, but recent legal cases and rules do not ban the “the political actions of public servicemen under the premises on the political neutrality of the civil service. Therefore, teachers in Japan may exercise political freedom somewhat more than that of Korea. As well as the social side, the Japanese government's Conservative education policy is criticized by Japan Teachers' Union. And they have done for the opposition to the policy, and has been a good role. In the Korean education, when our education policies are going in the wrong direction, Teachers' opinion may play an important role against these wrong policies. The role of teachers, engaged in education, is necessary for our educational environment. Political behavior of teachers in Japan increasingly are more and more legally accepted. In Korea the teachers are asking for the freedom for Political behavior. That is working for the good policy of the students education. Of course, education for students should not be a biased political education, maintain political neutrality and begin to recognize the autonomy of Political behavior of teachers. And teachers should do democratic citizenship education to discuss political activity. At this point, I think that we should review the Legal System Reform and teachers’ the freedom of Political behavior from a very low level by law.