교권과 학생 인권의 관계 - 교권 보호 5법을 중심으로 -

Teaching authority refers to the authority and position necessary for teachers to carry out educational activities, and plays an important role in improving the quality of education and protecting students' right to learn. In the past, there were frequent cases where some teachers violated student human rights with indiscriminate corporal punishment regardless of life guidance. As human rights awareness increased, the Student Human Rights Ordinance was enacted to stipulate students' freedom of privacy, the right not to be discriminated against, the right to rest, the right to learn, freedom from violence, freedom of conscience and religion, and strictly apply the Special Act on the Punishment of Child Abuse Crimes to prevent infringement of student human rights. However, some provisions of the Student Human Rights Ordinance conflict with the human rights and learning rights of other students, or diminish the legitimate educational activities and life guidance of teachers. For example, it is difficult to apply the right to use mobile phones and privacy during class, praise and the right not to be discriminated against, and to teach students who sleep during class and the right to rest. The biggest problem is the Special Act on the Punishment of Child Abuse Crimes, which causes problems such as legitimate educational activities being reported as child abuse, and the balance between student human rights and teaching rights is broken, leaving both students, teachers, and parents in a difficult situation and intensifying conflict. In order to create a culture of mutual respect for the three subjects of education based on the comprehensive plan for restoring teaching authority and strengthening protection announced by the Ministry of Education, it is necessary to prepare measures that reflect the needs and desires of students and parents, focusing on the needs and desires of teachers from the perspective of seeing students only as control objects. To this end, it is hoped that by systematically introducing support for a relationship recovery program with the consent of the conflicting parties, it will serve as an opportunity for the reintegration of the educational community by fully listening to the damage and needs of the affected teachers and providing students with opportunities for voluntary responsibility. This thesis summarizes the current problem situation, reviews the cause of the fall in teaching authority, and makes policy suggestions while seeking the direction and tasks of problem solving.