교과서 검정 및 수정에 관한 법제개선방안 - 교과서 수정명령에 관한 서울행정법원 2015. 4. 2. 선고 2013구합29605 판결평석을 겸하여 -

On the 2nd of April 2015, Seoul Administrative Court ruled against the plaintiff on the action for revocation of the instructions for textbook revision. There have been both positive and negative reactions to this ruling. However, it should be noted that this issue shows the same problems as the rulings for 2013’s instructions for textbook revision, and there has not been any improvement in this matter. Despite the fact that the textbook policy is a reoccurring societal problem, the foundations of the policy have not been modified following the enactment of the law in the 1950’s. In addition, there have been very few judicial precedents regarding the implementation and management of the textbook policy. Recently, judicial precedent problems have arisen in reviewing to what extent the Ministry of Education can revise authorized textbooks, as there have not been any previous cases or legal research on the matter of instructions for textbook revision. As the plaintiff’s have expressed their intention to appeal to the rulings of the Administrative Court, it appears that the case for the instructions for textbook revision will be prolonged. Taking this into consideration, the analysis and evaluation of this ruling regarding instructions for textbook revision is crucial at this time for the rationalization of implementing and managing the textbook policy. This research is not designed to evaluate whether the nation’s textbook policy is appropriate. This paper aims to evaluate the current case of the Administrative Court to deduce the problems of the legal system and contents, and provide improvement measures regarding textbook authorization and post-authorization instructions for revisions, which is becoming a target of controversy under the current legislation.