학생행위주체성의 법적 해석과 사례 고찰

The purpose of this study is to theoretically explore the concept of ‘student agency’ emphasized in ‘OECD Education 2030’ project, and thereby, examine how it is interpreted in terms of the educational rights and the human image pursued by the Constitution, and then, review its cases. As a result of interpreting student agency legally, it could be concluded that the image of student pursued by our Constitution and educational ideology is the student having his/her behavioral subjecthood. Not only our Constitution but also the concept of student agency pursues an image of human being (student) who makes decision for himself/herself as a dignified subject, behaving autonomously, responsibly and competently in his/her community. The judicial case, the local broadcasting case and local youth assembly case, all reviewed by this study, show how the student agency are manifested, focusing on older generation’s permission and assistance regarding students’ expression of opinions and activities. Although it is admitted that students’ status leads necessarily to limitation of their rights, while the their agency is restrained to certain degree, it could be confirmed through this study that the enhancement of student agency would conform to our Constitution and educational ideolog, being a base and ground for a democratic citizens’ society.