교육과정의 지방자치를 위한 국가 권한의 문제와 과제

박창언 ( Chang Un Park ) 한국교육과정학회 2013 교육과정연구 Vol.31 No.1

This study examines the issues and problems related to the local education autonomy as stated in curriculum fields. The gist of the discussion centers on the legal regulations in the authority distribution of Ministry of Education, Science and Technology and Metropolitan and Provincial Offices of Education. The local education autonomy contends that autonomy of the curriculum administration is an essential part of the educational administration and therefore should have citizen control and organization autonomy. The local self-government for curriculum fields is prescribed to the Act on the Local Education Autonomy and Elementary and Secondary Education Act and the concrete contents of the curriculum are delineated in the National Curriculum. The issues and problems related to the legal aspect of carrying out the local education autonomy in curriculum fields are here discussed. The law for the Elementary and Secondary Education, the law for the Local Education Autonomy, and the National Curriculum are all discussed in terms of the need to bind the allocation of the curriculum administration powers for elementary and secondary education into law.

교육과정 편성권과 주민의 요구

박창언(Park Chang un) 한국열린교육학회 2017 열린교육연구 Vol.25 No.4

This paper was designed as a study on curriculum organization and residents need. Educational independence is the basic issue of the organization of curriculum, and the local government has taken measures for the autonomy of the local education system. This paper were formed with three strategies: to know the autonomy of education and needs of residents; lack of system that reflects the demands of the inhabitants in article 23 of the Elementary and Secondary Education Act; and to know the parents of education responsibility, teachers’ and residents requirements, and local community requirements. Through this study, it is suggested that parents are the main subjects of education, especially with teachers and respect for the national attitude towards the national education system and local education system for local appeals.

교육과정심의회의 법적 성격과 역할

박창언 ( Chang Un Park ) 한국교육과정학회 2007 교육과정연구 Vol.25 No.4

This study inquires into the desible direction through the critical discussion on the legal nature and roles of the curriculum council. The ``regulations on the curriculum council`` is hardly change in the frame up to now. But it shows sign of improvement by introduction of a curriculum council. Accordingly it tries to evaluate curriculum council in accordance with the principles of Constitutional ideals about educational articles. First, It shows the nature and the discussion for the better on the curriculum council. Second, It discusses the legal nature and necessity of the curriculum council. Third, It gives an explanation of the basis of Constitutional principles about education articles. Fourth, It carries out evaluation on the concrete contents and operation of the curriculum council. As a result, The existence itself play an important part-advice and suggestions as requested-roles, but the part of operation call for improvement-procedural complementary, standing organization, strengthening specialization, check of Ministry of Education and Human Development.

교육주체간 이념갈등의 문제와 과제

박창언(Park, Chang-Un) 한국교육철학회 2012 교육철학 Vol.48 No.-

This study examines the issues and problems related to the ideological conflict among the participation subjects in education. The gist of the discussion centers on the nature and purpose of nation and the essence of the participants of education. The education ideologies is caused by nation in public education. The ideological conflict of the study deal with nation-local government relations, central government-teacher’s association relations, and nation-parent groups relations. The education ideological conflict content that conflict of nation-localgovernment relations establish ideological conflict between the progress versus conservatism, educational conflict of nation-teacher’s association set up a conflict between the excellence versus equality, and conflict of nation-parent groups discuss the strife between public education and private education.

교육 과정 법규에 있어서의 주요 쟁점

박창언(Chang Un Park),이경섭(Kyung Sub Lee) 한국교육과정학회 1998 교육과정연구 Vol.16 No.2

This paper is a study on the critical issues in laws and regulation of the curriculum fields. The conclusions of this study is as follows. 1. viewpoints of the educational law There are three viewpoints of educational law, the administration law, the law having a special situation, and specialized private law. How are the concepts of the educational law prescribed, what are the grounds of argument and in each views, how can the related mattes of curriculum be prescribed ? 2. legal nature of the notification of the Minister of Education The administrative legislation is to be classified into two, administrative order and Statutory Orders in Council. Where does the notification of the Minister of Education belong, and what natures does it have? 3. legal binding force of the essential particular of the curriculum There are veiwpoints of admitting or denying the legal binding force in the essential particular of the curriculum which the Minister of Education notifies. What are the grounds and how do the views build up logic ? 4. the rights of the curriculum plan There are no comments about the rights of curriculum plan in the current educational law. Who have the rights of curriculum plan and what are the grounds that can be thought? 5. legal nature of examination in the educational curricular materials There are three viewpoints of legal nature about the examination of educational curricular materials, license, validation, and special permission. What natures do they have and what theories and leading cases does Korea have ? 6. limitation of examination in the educational curricular materials The scope of examination of educational curriculum materials has two cases. The one is admitting the intervention of government about curriculum, the other is denying it that means the people have the decisive power of curriculum. How far is the scope of judging possible and what is an alternative about these ? 7. unconstitutionality of Artical 157 of the old Education Act Which is emphasized the educational freedom of teacher or the power of nation about education and how does the view build up logic ? The law orients force and control, on the other hand, the education needs flexibilities that can cope with the changes of the times and society. The accord of these two, the intervention of government and self-regulation of education, is the most important issues currently in the laws and regulation of the curriculum fields. The legal domain in the curriculum fields almost have not discussed so far now. So, I think continuous concern and study activities are required.

초등학교 통합교육과정의 법적 근거에 관한 검토

박창언(Chang Un Park) 한국교육과정학회 2002 교육과정연구 Vol.20 No.3

This study places the focus on heightening the cognition of legal dimensions on integrated curriculum and pursuing subjects for continuing discussion. First of all, to get outcomes for the goals, educational articles related integrated curriculum are considered. There are various ways to understand the articles of the Korea Constitution on education. But, the rights of education are debated on frequently legal situation related curriculum. The rights of education are identified in the educational articles of the Korea Constitution. They are about whom the decisive power has for the quality of education. And the rights of education work as principles of the guidance the low-ranking law. Also, the Korea Constitution make institutional device for the rights of education. And foundation on integrated curriculum is directly prescribed in the educational law on elementary . secondary grade. Like understanding the educational articles of the Korea Constitution by the nature of education, the articles on integrated curriculum desire to understand by the nature of integrated curriculum. Integrated curriculum is a kind of meaning to achieve the educational goal. Therefore, the educational articles of the Korea Constitution and law are grasped synthetically. Second, the grounds of law on integrated curriculum are examined. The authority on integrated curriculum and subjects is showed on the article 23 of educational law on the elementary. secondary grade. National curriculum is designed to guideline for the organization and implementation of the curriculum. A set of operating guidelines for the curriculum organization and implementation by school level are offered to local community level within the national curriculum. The school shall make its own curriculum organization and implementation plans based on its situation and in accordance with national curriculum and local community level. The subject areas of elementary and secondary school are based on the article 23 of educational law on elementary - secondary grade. and then, the detailed subjected subject areas shall be determined by the Presidental Decree. Legal ground of integrated subject is the clue a subject areas which especially the Minister of Education & Human Resources Development inspect that they need (article 23) And the legal foundation for using of textbook is showed on the article 29 of educational law on the elementary ` secondary grade. Concrete matters are prescribed by the Presidental Decree. This rules contain matters pertaining to authorship, inspection, approval, publication, distribution and price assessment of the educational curricular materials. Third, matters on integrated curriculum are discussed, looking at from the side of law. The matters that are taken care of are as follows. ① Organization of articles which is based on legal foundation on integrated curriculum ; The rank of grade in legal ground of integrated curriculum is orderly subject, curriculum, and textbook. The names on integration of subject areas in law didn`t have regulation during 5th and 6th curriculum. But, the periods of 7th curriculum is provided with legal ground about integration of subject areas. Therefore, the organization of articles is wanting in consistency. ② Construction of legal provisions according to the distinguishing nature in the integrated curriculum ; If integration of subject areas shall not be new subject, its legal foundation is not necessary. It aggregates subjects. On the other hand, If recognizing new subjects, its legal foundation is necessary because of justification in construction of legal provision. ③ Justification of legal provisions according to the right of education ; The rights of education consist of learner, parents, teachers, nation, and so forth. But, power of government immoderates in legal provisions. And teachers and parents relatively cannot exercise one`s rights. So, it improve laws and regulation in such a way to meet the rights

학교 교육과정 편성과 운영에서 교무회의의 역할 정립에 관한 연구

박창언 ( Chang Un Park ) 한국교육과정학회 2005 교육과정연구 Vol.23 No.2

교육과정 편성권에 대한 문제점과 대안 탐색

박창언 ( Chang Un Park ) 한국교육과정학회 2003 교육과정연구 Vol.21 No.1

This study is verifying between the relationship of rights, analyzing legal structure for the organization of the curriculum, and it suggests the necessity for the improvement of legal system to get the guarantee of self-regulation in the organization of the Curriculum. The things that were discussed are followings. First of all, it observes the relationship between the meaning of the curriculum and the rights for the organization. In pedagogy, the definition of curriculum is showed diversely according to the viewpoint it has. But it is not applied in law. Curriculum is stipulated in elementary, secondary educational law, article 23. The role for curriculum is differently stipulated by the levels such as national, local, school level in it, Therefore, in law, it is reasonable for it to be used for the organization of the curriculum. Second, it suggests an opinion for the organization of the curriculum. It suggests opposing opinions between theoretical ground for the organization and the right of the government for the curricula organization. In spite of the opposing opinions, it has in common that the nation has right for the establishment of the guidelines for the curricula organization. Also it analyzes operative law to observe concrete relationship of rights. As a result, nation and local have certain rights for the establishment of the guidelines for the curricula organization, but schools have immediate right for the organization of the curriculum. Finally, it discussed limits related the organization of the curriculum. Frist, It discusses what the guidelines are for the curricula organization; they are organization and implementation. Second, the category of establishment of standard for curriculum; at this moment, there`s no stipulation for it except subjects, so the nation has given carte blanch. Therefore self-regulation is pretty restricted to the organization of the curriculum. Third, range about the organization of the curriculum; it verified the rights for the organization of the curriculum has closer relationship that how much the nation can control the rights. It finds that the rights of the nation is one-sidedly extended, verifying the relationships of the rights for the organization of the curriculum. It suggests that there be matters of legal system related with the organization of the curriculum.

학교폭력 예방교육의 교육과정 법제화 방안 탐색

박창언(Park Chang un) 한국열린교육학회 2014 열린교육연구 Vol.22 No.4

This study suggested legislation for preventative education of school violence in curriculum fields. For this purpose, the study discussed the relationship between preventative education of school violence and curriculum, and then examines the grounds for offer and the main contents of the proposed amendment in the「Act on the Prevention of and Countermeasures against Violence in Schools」. The results are divided into the regulations and the Korean national curriculum. The methods reflected through regulations are time of education, content of education, and teaching method on the preventative education of school violence. A time of education is properly set at four hours each year. The contents of education include the understanding, case study, and coping method of preventative education of school violence. Teaching methods are lecture method instruction, field study, and role play etc. The plan to apply the Korean national curriculum proposes the general guideline and subject matter curriculum. The general guideline prescribes the guidance related to the preventative education of school violence. The subject matters curriculum reflects achievement standards by each subject.

국가수준 교육과정의 교육목표에 대한 고찰

박창언 ( Chang Un Park ),정영근 ( Young Keun Jeong ) 한국교육과정학회 2009 교육과정연구 Vol.27 No.4

This study is attempted to explore issues and problems related with aims and objectives of education in legal aspects and national curriculum. To accomplish this goal, the constitution related to aims and objectives of education and educational freedom of the people are reviewed. It is found that constitution guarantees the autonomy of education. Also, the educational freedom of the people includes the rights to decide on the educational objects permit teachers to protect the rights includes the rights of children in learning and educational freedom. Second, educational aims and objectives in legal regulation and national curriculum are discussed. The ideal education of the people is prescribed to the `Framework Act on Education` and the aims of education are provided for the `Elementary Act on Education`. The educational objectives of elementary and secondary are prescribed in the national curriculum. Third, legal regulation and notification of educational aims, the system of educational aims and objectives according to the rules, overlapping educational aims and objectives in legal regulation and notification, a lack of flexibility in subjects` objectives are discussed. In conclusion, It is designated to harmonize the regulation of nation and education freedom of the people.