교권과 학생인권의 법적 쟁점 분석

The purpose of this research lies in drawing the desirable relations of teachers' rightand students' human rights and the insufficiency of the law. The study has beencarried out in terms of teachers' right to teach and teachers' human rights andstudents' human rights and students' right to learn separately by analysing precedents. The results and the discussion are as follows. The meaning of teachers' right andstudents' human rights is not specified clearly in the law and the interpretation of thelaw is not clarified consistently in the legal judgment. The focus of the legal issuesoccurring in the school tends to move into teachers' right to teach, students' right tolearn, students' human rights, and teachers' human rights. The unclear definition of thelaw is the main cause of the conflicts of between teachers' right and students' humanrights. In this study, a few suggestions to improve the legal system relating toteachers' right and students' human rights are supposed to be represented. First of all,the protection of teachers' right has to be based on teachers' human rights. Secondly,some devices to change teachers' view on teachers' right to teach are required. Thirdly,the equal status should be granted to students' human rights and teachers' right. Fourthly, the efficient methods to protect students' right to learn are to be devised inthe field of the school.