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김범기 韓國敎員大學校 敎育硏究院 1990 敎員敎育 Vol.6 No.1
일본의 초·중등학교의 교육과정은 문부성에서 발표하는 학습지도요령에 따라 운영된다. 또한, 학교교육에서 평가는 초·중등학교의 지도요록을 위주로 평가가 이루어지고 있다. 학교에서 학생의 평가는 크게 교과와 행동 및 성격의 2분야로 나눌 수 있다. 다시, 교과는 교과의 평정과 관점별 학습상황으로 나누어지며 각 교과는 5단계(소학교 1, 2학년은 3단계)로 평정한다. 또, 각 교과벼로 관점이 정해져 있고, 관점별 학습상황을 평가하고 있다. 국어과를 예로 들면, 언어에 관한 지식.이해, 표현능력(작문, 말하기), 이해능력(읽기, 듣기), 글씨쓰기, 국어에 관한 관심.태도로 세분화되어 있다. 뛰어난 관점은 +로 뒤떨어지는 점을 -로 평가한다. 따라서 교과의 평정은 우리나라와 같이 5단계이지만, 좀 더 세분화하여 평가한다고 볼 수 있다. 학생들의 행동 및 성격의 평정도 뛰어난 것은 +로, 특히 지도를 요하는 것은 -로 평정하고 있다.
金範基 한국비교노동법학회 2005 노동법논총 Vol.8 No.-
Employment relations are established based on but closely related with an employment contract in principle, and also are legal relations that bind labor and management mutually. Furthermore, management rights and unityㆍcollective action rights are mutually restricted relations. With the realization of democratic labor-management relations, right exercise is in need of accepting mutual limitation. Although unity action was only activity of expressing citizens' collective opinion in the level of civil laws, it could have legal approval of special protective exemption in an aspect of labor laws through amending the principle of civil laws. Its objective is to secure criminal and civil exemption of union activity and to prohibit unfair labor action, which is inherent in the constitution. Accordingly, interpretation theory that distinguishes unity action from a strike and is intended to exclude unity action by agreement from the objection of exemption from the beginning cannot be accepted. It is because both strike and unity action by agreement pursue a common goal to realize the value of right to live. Management rights are employer's inherent rights. Although a precedent admits it as a legal right, this does not mean that it is a right based on the positive law. But its scope of execution as a decision making right reserved to an employer also is limited to legal matters. While some deny the existence of management rights on the basis of its failure to prescribe specifically in constitution or laws like labor rights, others argue that management rights should be admitted as a nature right since it should be organically consistent with the management of a property right in the constitution system which ensures a property right. On the other hand, the objective of securing labor rights in the constitution is to realize the value of right to live that union activity has. In essence, legal evaluation about labor-management relations should always respect the spirit of the constitution and examine its validity. Also the principal of labor laws should be developed and controlled according to harmonic order. This study is intended to examine union activity rights and their definite guarantee, and evaluation standards of controlling legal benefit with management rights. Furthermore, this study seeks to establish the characteristics of union activity and new management order which meets reality. Management rights are given to fully fulfill a duty to improve productivity and produce quality products and service through rational operation for continuation and development of management. Its legal basis is on a property right, a legal right based on labor contract with labor, and manager's inherent functional right. Existing legal control over union activity has not played an active role in protecting management rights, breaking labor's economic and human dependent relations, and dealing with special legal matters according to community development and changes in labor-management relations. Since labor laws do not provide all kinds of problems which can occur during union activity, when union activity comes into conflict with management rights, labor laws do not act as evaluation standards for legal benefit, but provide one limited protective law. To solve problems which are not provided in labor laws, the regulations and principle of protective law of labor laws are needed to be actively analogized, expanded, and applied according to historical background of being defined as basic rights and its basic intent. Finally, labor laws are needed to establish the development direction of providing labor-management relations prior to labor protection in order to fully secure union activity and management rights. Based on the basic intent, the purpose of this study is to suggest interpretation standards which can objectively and rationally evaluate all problems of union activity which are not provided in labor laws. Furt