敎育法의 基本原理와 構造에 관한 法哲學的 分析硏究

서지정보

· 발행기관 : 한국교육학회
· 수록지 정보 : 교육학연구 / 29권 / 4호
· 저자명 : 尹正一, 趙晳勳

목차

Ⅰ. 緖論
Ⅱ. 敎育法의 制定 및 改正過程
Ⅲ. 敎育法의 法的 性格 및 效力
Ⅳ. 敎育法의 構造와 基本原理
Ⅴ. 要約 및 結論
參考文獻
ABSTRACT

영어초록

The purpose of this study is to analyze and discover the structure and the basic principles of the Education Act in the law-philosophical perspectives. For this purpose, recearch on the three subjects such as the process of enactment and revision, the legal characteristics and effects, the structure and basic principles, of the Education Act was conducted.
On October 26, 1949, a bill for the Education Act was laied before the National Assembly by the Education and Social Affairs Committee, and passed through on December 31, 1949. Through the 30th revisions, the Education Act was not much changed in the structure and contents except that the law on the autonomy of local education was enacted and promulgated on March 8, 1991.
The characteristics of the Education Act are understood through the three phases such as the concept, the position in the law system, and legal profit. The Education Act is related with the 'culture' world connected with value over the earth, which means the effect of the Education Act that goes beyond the effectiveness as physical power for enforcement. And it is not so much administrative law as special private law. For both the theory of public enterprise and the national right to control over education can not be approved, which constructs the background of the claim. In the light of legal profit, the Education Act aims at protection of actual freedom of contracts, which coincides with labour law.
The effects of the Education Act ars analyzed in terms of both validity and effectiveness. In directing the standard of education activity, the Education Act is already efficacious beyond effectiveness as physical power of enforcement. In fact. the Education Act implicates the internal limitation of effectiveness a priori in that it asks for education-related groups to realize ideal world on the earth, which is not to accord with the real world.
The Education Act is understood as contract structure, in the center of which lies the basic right of students on education. The contract structure of the Education Act concurs with educational ideology in the point that it shows the attributes of educational activity as selffounding by self.
The basic principles of law are leading ideas of rules. The law principles are not found in the form of concrete clauses, but function comprehensively to dominate many rules.
In this study, it was resulted that the Education Act should be constructed by four principles such as freedom of education, participation in the educational contracts and administration, proportion of permission and limitation, and respection for the actual intention of students.
The principle of freedom of education means that a studunt decides freely his educational contents without unfair interference from others. Through the participation principle, freedom of education goes far widely, and literally guaranteed. And both liberty and participation are settled in the range and the extent by the principle of proportion, which implicates such as necessity, utility, and end-means rationality. Finally the principle of respect for the actual intention is needed for supplementing and actualizing the freedom of education. With the principle, the explained intention is surpassed by the actual intention which a wise student would decide and explain.
As a conclusion, when the Education Act is analyzed extensively in the view of four principles suggested above, the good vision for revision of it come out clearly.

참고자료

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