교육을 받을 권리의 실현을 위한 학교안전공제제도의 개선방안에 관한 연구 — 예술고등학교 기악전공학생을 중심으로 —

This paper aims to investigate and analyze the utilization of school safety promotion systems in art high schools, identify issues with the school safety promotion systems, and propose improvements. The goal is to enhance the realization of the right to education for students majoring in instrumental music in art high schools. Our Constitution ensures the right to education for all citizens to the fullest extent possible and actively seeks to realize it. Article 31 explicitly stipulates the right to education, aiming to provide education according to individual capabilities for all citizens. It also imposes the duty to establish necessary facilities and systems for this purpose, along with the obligation to implement proactive policies to ensure substantial equality in education according to abilities on the state. To fulfill its duty, the government has implemented various legal and institutional measures. Particularly, to ensure that all citizens can receive education in a safe environment, the “Act on the Prevention and Compensation of School Safety Accidents” has been established. This law aims to prevent school safety accidents and implement the School Safety Accident Compensation and Relief Program promptly and appropriately to compensate for damages suffered by students, faculty, and participants in educational activities due to school safety accidents. If we examine the “School Safety Promotion System”, which is being implemented as a means to expand the realization of the right to education, from a constitutional perspective while assuming that all citizens have the right to receive education in a safe environment, how would it be? Especially concerning the aspect of expanding the realization of the right to education for students majoring in instrumental music, particularly in secondary education institutions such as art high schools, it is worth examining whether the activities carried out by the School Safety Promotion Committee in terms of compensation ensure the creation of a stable educational environment and conditions. Additionally, we should assess whether they effectively encourage the classroom activities such as regular concerts and performances, which are part of the curriculum. Therefore, this paper aims to elucidate any legal or institutional enhancements needed in the “School Safety Promotion System”, which is implemented based on the Constitution, the Basic Act on Education, and the Elementary and Secondary Education Act. Specifically, it focuses on the state of the educational environment related to activities such as regular concerts and performances, which students participate in as part of the school curriculum or educational plans and policies determined by the school principal, within the context of secondary education, especially in art high schools. By assessing the realities of the educational environment under the supervision and management of the school principal both inside and outside the school, the paper seeks to identify areas where legal and institutional improvements are required to establish a safe educational environment.