국공립학교 교원의 교육활동 보호 : 국가책임 - 프랑스의 법령, 제도 및 판례를 중심으로 -

Recently, the National Assembly amended the Four Laws on Teacher Rights Protection, yet debates over their effectiveness persist. The core issue of contention is that these amendments do not completely prevent malicious accusations of child abuse by certain parents. However, a more fundamental problem is that, when an infringement on a teacher’s educational activities occurs, the burden of responsibility that the teacher must personally bear throughout the resolution process remains excessively high. In France, teachers are not merely educators but are considered public officials entrusted by the state with the duty of providing education, positioning them as the core actors in public education. The French Constitution, the Code of Education, and the public education system explicitly recognize education as the nation’s top priority. Furthermore, they clearly establish that supporting and protecting teachers’ educational activities is the responsibility of the state. Therefore, to effectively ensure the protection of teachers’ educational activities, it is necessary to explicitly define the state’s responsibility for such protection through legal revisions and institutional improvements, as seen in France. In particular, the state must strengthen its active intervention and protective measures against infringements on teachers’ educational activities, while also reducing the legal and administrative burdens that teachers must bear in the course of their duties.