민주주의 교육과 교육법제-한국과 독일의 비교를 중심으로-

This article aims to analyze issues of legislation on democracy education and tosuggest the improvement plan in Korea. For this purpose, the revision status of thelegislation on education reform and democracy education of German post-war WorldWar II was examined(II). Im addition, the revision status of the legislation on educationreform and democracy education of Korea from World War II to the present wasexamined(III). In comparing the legal basis for democracy education in Germany andKorea, this article pointed out the problems of the current legislation of democracyeducation and suggested the improvements(Ⅳ). After World War II, democracy education became a goal of school education in WestGermany for the purpose of Denazification, and social studies began to be introducedas a key means of achieving the goal. These education policies are stated in theConstitution(Verfassung) and School Law (Schulrecht) in the form of law(Gesetz) ofthe state(Länder). On the other hand, the Constitution of Korea does not explicitlyprovide democracy education. The article 2 of the Framework Act on Education ofKorea provides that education shall aim at enabling every citizen to lead a life worthyof humankind and to contribute to the development of a democratic state and therealization of an ideal of human co-prosperity, by ensuring cultivation of character,development of abilities for independent life and necessary qualities as a democraticcitizen under the humanitarian ideal. However, practical implementation scheme is notspecified in the Framework Act on Education, the Early Childhood Education Act, theElementary and Secondary Act, etc. We thought that the status of education legislation does not comply with the article 31 of the Constitution which provides that fundamental matters pertaining to theeducational system, including in-school and lifelong education, administration, finance,and the status of teachers shall be determined by Act. Therefore this article concludedthat democracy education is a goal of school education and that practical implementationscheme to be defined in the form of law by the National Assembly. More specifically, the revision the article 2 of the Framework Act on Education fordefining more clearly that the democracy education is a goal of school education, andthe introduction of new provisions which impose the obligations of preparing policies fordemocracy education to the government and local government are recommended. Inaddition, in the Elementary and Secondary Education Act, specific implementationmeasures for democracy education are needed. This article listed the Constitution and education legislation of Baden-Wuerttemberg, Nordrhein-Westfalen and Hessen inGermany for the reference.