학교교육에서의 아동의 일반인권에 관한 법적 고찰

A Legal Examination of General Human Rights of the Child in School Education

The purpose of this study is to provide desirable suggestions for strengthening general human rights in school education through its legal examination and perspective. The primary analytic focus is on human-right infringements against students committed by education suppliers, such as government authorities and school teachers, in charge of teaching and protecting them. To meet the purpose of the study, a thorough conceptualization of human right is constituted by differentiating 'right to learn', which is comprised of comprehensive students' human right, from it and substantialized orientations are also considered for securing human rights of children as the social weak. The main findings and Implications drawn from the analysis suggest that. first, the study comes to identify children's indispensable subjectivity in the issue-area of human rights, through acknowledging various limitations on human rights in the midst of other multi-faceted 'rights to teach' of schools, teachers and parents. This is meant to indicate epistemological irrationality of the social constituents in general, including all the participants concerned, regarding children as 'objects of protection' rather than 'subjects of human rights' Second, it suggests that, as a method of human rights' securement, constitutional provisions about human rights should be introduced and applied to children's curricula and teaching-learning procedure in schools And finally this study is of special interest to near-future alternatives to cope with unconstitutionality of physical punishment and rampant informations circulation without children's consent committed both by internal and external actors.