교육공동체의 실현을 위한 법적 고찰 - 교권보호를 중심으로 -

The country is constantly pushing for educational reforms to realize the education community so that we can get over the current crisis of education. Still, you can see a variety of conflicts and confrontations among the community members. In fact, the infringement on teachers’ authority in the classroom got so bad that the government has tried to amend laws to protect teachers’ rights. However, I’m not sure if it will work since there are lots of issues to be overcome with the revised laws yet. To begin with, there are no specific regulations on the definition and the scope of the teachers’ authority. Next, there are no clear rules about educational freedom of teachers, temporary teachers’ status and master teachers’ positions, which can help teachers get more professional. Plus, they care more about patching things up afterwards than they do about taking precautions against the infringement of teachers’ rights. They also lack specific provisions regulating criteria, step-by-step measures and legal limitations in case of violations of teachers’ authority. Besides, the rights and the obligations among the members come into conflict and competition with one another in separate ordinances. Therefore, we need to make improvements to practically guarantee teachers’ rights in harmony with the education community as follows. In the first place, we need to establish the definition and the scope of the teachers’ authority clearly. Next, we need to improve education environment for teachers to become more professional and responsible. In addition, we need to strengthen systematic prevention education, such as human rights education. Also, we have to tighten legal sanctions against the infringement of the teachers’ rights and to make a better dispute resolution system. Lastly, we need to enact an ordinance on the education community in which the rights and the responsibilities of its members are in harmony.