헌법상 교육과정 결정의 참여ㆍ협의(약)권-교사와 교사 집단을 중심으로-

The Constitutional Rights of Participation & Discussion(Agreement) in the Curriculum Decision-Based on Distinction between Individual Teacher & Teacher’s Union-

According to article 31.6 of the Constitution that details of the educational system shall be provided for by laws and regulations, the standard and the contents of curriculums are dependent upon the subordinate laws and regulations. Among them, it is required by law that school subjects shall be selected by a Presidential decree and the others by a notice issued by the Ministry of Educational & Human Resources Development Judging from the present system, therefore, all the rights related to the decision of curriculums seem to belong to the Government. Despite some limitations, the teachers' right of teaching can be considered as a Constitutional right of liberty. The liberty, in essence, means the rejection of the nation's Interference, but it may Include the demand for the nation's active participation in order to ensure its full realization. This shows that the liberty has some aspects as a social right. From this point of view, we know that teachers not only have the right to reject the nation's wrong interference in order to teach students well but also can demand the establishment of organizations for consulting about the inner parts of education such as educational aims, contents, teaching-learning methods, and evaluation methods, in the nation's deciding the curriculums. And these can be derived from the liberty's aspects as a social right. On the other hand, among the 3 basic rights to labor, the two are guaranteed by the Law On the Foundation and Operation of Teacher's Labor Union Therefore, whether the union can negotiate the curriculums and make a collective agreement with nation can emerge as a problem. Because the aim of a collective bargaining is Just to maintain and improve working conditions, it is reasonable that curriculums unrelated with working conditions are excluded from the scope of collective bargaining. Among the curriculum, the subjects in school and the standards of orgamzation and time allotment, which are the fundamental parts of education policies, cannot be targets of collective bargaining. This can be justified by the article 12 provisos of the Special Law for the Improvement of Teachers' Status requiring that matters related to the control and operation of educational administrations and the curriculums shall not be negotiable But in case where a newly-announced curriculum makes changes to the organization, time allotment, and school subjects and thereby leaves extra teachers out of office or makes working conditions worse such as an increase in teaching time, the teacher's union has the right to request the nation to have obligatory negotiations