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    미국 학교 내 종교교육과 종교의 자유에 대한 연구 = A Study of the Religious Education and the Freedom of Religion in the United States

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    https://www.riss.kr/link?id=A99752233

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    다국어 초록 (Multilingual Abstract) kakao i 다국어 번역

    The religious issues in the public education of the US have been a matter of national agenda, and the subject matter is still discussed. Especially, issues such as performing religious rituals, including prayers in the public school and such as creationism v. evolutionism debate in the curriculum of the public school have been acontroversial issue in the history of the American justice Generally speaking, the supreme courts decided the cases according the establishment clause. However, there were opposing views as well.79) One of the significances of the study lies on examining and reviewing court cases related to religious education and religious freedom in order to manifest how the interpretation of the amendment evolved over history. The study is limited to introducing overall issues, and providing basic resources applicable for future study This study is relevant to South Korea as long as the complicated religious freedom issues are still an on-going controversy. The issues involves coercive chapel course, coercive worship service, the freedom of evangelism for the religious private schools, and the freedom of religion of the students. Although there are numerous researches on this matter, it is quite difficult to find a research introducing the overall case of the US. Therefore, this work attempts to provide foreign cases in order to delve into furter serious research by introducing overall issues related to the religious education and the freedom of religion in the US. The federal supreme court of the US constantly decided unconstitutional when the school authority is directly or indirectly intervened in the practice of school prayers. However, there are still some states permitting silent prayers in public schools, and there is a possibility that the federal supreme court would hear the case Furthermore, a school district policy of permitting prayers initiated and performed voluntarily by students in football games had been found uncomstitutional. According to the First Amendment, the court manifested a consistent perstpective in regard to the role of religion in the curriculum of the public schools. While a prejudiced religious education showing preference to a particular religion and a method of indoctrination of religion are forbidden, when secular, objective and non-indoctrinating method is taken, education related to religion is permitted. However, in regard to the creationism v. evolutionism, the court did not see evolution as a religion and constantly found anti-evolutionary laws unconstitytional.
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    The religious issues in the public education of the US have been a matter of national agenda, and the subject matter is still discussed. Especially, issues such as performing religious rituals, including prayers in the public school and such as creati...

    The religious issues in the public education of the US have been a matter of national agenda, and the subject matter is still discussed. Especially, issues such as performing religious rituals, including prayers in the public school and such as creationism v. evolutionism debate in the curriculum of the public school have been acontroversial issue in the history of the American justice Generally speaking, the supreme courts decided the cases according the establishment clause. However, there were opposing views as well.79) One of the significances of the study lies on examining and reviewing court cases related to religious education and religious freedom in order to manifest how the interpretation of the amendment evolved over history. The study is limited to introducing overall issues, and providing basic resources applicable for future study This study is relevant to South Korea as long as the complicated religious freedom issues are still an on-going controversy. The issues involves coercive chapel course, coercive worship service, the freedom of evangelism for the religious private schools, and the freedom of religion of the students. Although there are numerous researches on this matter, it is quite difficult to find a research introducing the overall case of the US. Therefore, this work attempts to provide foreign cases in order to delve into furter serious research by introducing overall issues related to the religious education and the freedom of religion in the US. The federal supreme court of the US constantly decided unconstitutional when the school authority is directly or indirectly intervened in the practice of school prayers. However, there are still some states permitting silent prayers in public schools, and there is a possibility that the federal supreme court would hear the case Furthermore, a school district policy of permitting prayers initiated and performed voluntarily by students in football games had been found uncomstitutional. According to the First Amendment, the court manifested a consistent perstpective in regard to the role of religion in the curriculum of the public schools. While a prejudiced religious education showing preference to a particular religion and a method of indoctrination of religion are forbidden, when secular, objective and non-indoctrinating method is taken, education related to religion is permitted. However, in regard to the creationism v. evolutionism, the court did not see evolution as a religion and constantly found anti-evolutionary laws unconstitytional.

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    참고문헌 (Reference)

    1 "Zorach v. Clauson, 343 U.S. 306"

    2 Crocker, Virginia Chase, "Zelman v. Simmons-Harris: The Establishment Clause and the Fight for School Vouchers" 58 : 395-,

    3 "Widmar v. Vincent, 454 U.S. 263"

    4 Cohen, G, "Whether State Action Requiring Public Schools to Begin Each Day with Readings from the Bible Violates the First Amendment" 40 : 167-, 1963

    5 Marshall, Stephen L., "When May a State Require Teaching Alternatives to the Theory of Evolution--Intelligent Design as a Test Case" 90 : 743-,

    6 "West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624"

    7 "Wallace v. Jaffree, 472 U.S. 38"

    8 Norris, Jason, "Vouching for Vouchers?' A Critical Examination of Zelman v. Simmons-Harris" 77 : 95-, 2004

    9 Ulich, Robert, "The schools and Religion, the Historical Present, In Foundations of American Education" Allyn and Bacon 1975

    10 Loewy, Arnold, "The Wisdom and Constitutionality of Teaching Intelligent Design in Public Schools" 5 : 82-, 2006

    1 "Zorach v. Clauson, 343 U.S. 306"

    2 Crocker, Virginia Chase, "Zelman v. Simmons-Harris: The Establishment Clause and the Fight for School Vouchers" 58 : 395-,

    3 "Widmar v. Vincent, 454 U.S. 263"

    4 Cohen, G, "Whether State Action Requiring Public Schools to Begin Each Day with Readings from the Bible Violates the First Amendment" 40 : 167-, 1963

    5 Marshall, Stephen L., "When May a State Require Teaching Alternatives to the Theory of Evolution--Intelligent Design as a Test Case" 90 : 743-,

    6 "West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624"

    7 "Wallace v. Jaffree, 472 U.S. 38"

    8 Norris, Jason, "Vouching for Vouchers?' A Critical Examination of Zelman v. Simmons-Harris" 77 : 95-, 2004

    9 Ulich, Robert, "The schools and Religion, the Historical Present, In Foundations of American Education" Allyn and Bacon 1975

    10 Loewy, Arnold, "The Wisdom and Constitutionality of Teaching Intelligent Design in Public Schools" 5 : 82-, 2006

    11 Durso, Keith, "The Voluntary School Prayer Debate: A Separationist Persepctive" 36 : 79-, 1994

    12 Ball, William B., "The School Prayer Case: The Dilemma of Disestablishment, Part I" 8 : 182-,

    13 Forman, James Jr., "The Rise and Fall of School Vouchers: A Study of Religion, Race, and Politics" 54 : 547-,

    14 Kurland, Philip, "The Regents' Prayer Case: Full of Sound and Fury, Signifying.." 1-, 1962

    15 Hanft, Frank, "The Prayer Decisions" 42 : 567-,

    16 Walsh, John F., "The First Amendment and Public Schools: Overview of the Religion Clauses, In Religion & public schools : striking a constitutional balance" NSBA Council of School Attorneys 2001

    17 Hilliard, Mark, "The Evolution and Misinterpretation of the Establishment Clause: Is Teaching Intelligent Design in Public Schools a Governmental Endorsement of Religion Prohibited by the First Amendment?" 32 : 145-,

    18 "Terrett v. Taylor, 13 U.S. (9 Cranch) 43, 49"

    19 DeWolf, David K., "Teaching the Origins Controversy: Science, Or Religion, Or Speech?" 2000 : 39-,

    20 Smith, Rodney K, "School Prayer, In Religion and American Law: An Encyclopedia" Garland Publishing, Inc 2000

    21 "School Dist. of Abington Tp. v. Schempp, 374 U.S. 203"

    22 "Santa Fe Independent School Dist. v. Doe530 U.S. 290"

    23 "Reynolds v. United States, 98 U.S. 145"

    24 Gilbert, Christopher B., "Religious Challenges to School Curriculum and Instruction, In Religion & public schools : striking a constitutional balance" NSBA Council of School Attorneys 2001

    25 Schaumb, Joseph, "Religion in the Public Schools: Past and Future" 3 : 135-,

    26 McMillan, Richard C., "Religion in the Public Schools: Introduction" Mercer University Press 1984

    27 Entin, Jonathan L., "Religion and the Public Schools after LEE V. WEISMAN:Introduction" 43 : 699-, 1993

    28 Wood, James E., Jr., "Religion and Education in American Church-State Relations, In Religion: The State and Education" J.M. Dawson Institute of Church and State Studies 1984

    29 Huge, Harry, "Recent Decisions" 51 : 185-,

    30 Silver, Marjorie A., "RETHINKING RELIGION AND PUBLIC SCHOOL EDUCATION" 15 : 213-,

    31 Smith, Rodney K., "Public Prayer and the Constitution: A Case Study in Constitutional Interpretation" Scholarly Resource Inc. 1987

    32 Beckwith, Francis, "Public Education, Religious Establishment, and the Challenge of Intelligent Design" 17 : 461-, 2003

    33 Butts, R. Freeman, "Public Education in the United States" Holt, Rinehart and Winston 1978

    34 McCarthy, Martha, "Preserving the Establishment Clause: One Step Forward and Two Steps Back" 2001 : 271-, 2001

    35 Brown, Lisa A., "Prayer on Campus: Thirty Years of Litigation and Counting, In Religion & public schools : striking a constitutional balance" NSBA Council of School Attorneys 2001

    36 "Peloza v. Capistrano Unified School Dist., 37 F.3rd 517"

    37 "Mozert v. Hawkins County Board of Education (827 F.2d 1058, 1066)"

    38 "McCollum v. Board of Education, 333 U.S. 203"

    39 "Lemon v. Kurtzman, 403 U.S. 602"

    40 "Lee v. Weisman, 505 U.S. 577"

    41 Lee, Brenda, "Kitzmiller v. Dover Area School District: Teaching Intelligent Design in Public Schools" 41 : 581-,

    42 DeWolf, David, "Intelligent Design Will Survive Kitzmiller v. Dover" 68 : 7-, 2007

    43 Newell, Craig, "God, Jesus, Allah and Yahweh Should Be Government Employees:How Zelman v. Simmons-Harris Can Establish a Constitutional Framework for Government Funding of Faith-Based Services" 49 : 661-, 2004

    44 Olin, Todd, "Fruit of the Poison Tree: A First Amendment Analysis of the History and Character of Intelligent Design" 90 : 1107-,

    45 "Freiler v. Tangipahoa Parish Board of Education, 185 F.3d 337, opinion on reh'g, 201 F.3d 602"

    46 Noll, James W., "Foundations of Education in America" Harper and Row, Publishers 1970

    47 "Everson v. Board of Education, 330 U.S, 1"

    48 Sutherland, Arthur E. Jr., "Establishment According to Engel" 76 : 25-,

    49 "Epperson v. Arkansas, 393 U.S. 97"

    50 Cutler, S. Oley, "Engel v. Vitale: An Appraisal" 14 : 48-,

    51 "Engel v. Vitale, 370 U.S. 421"

    52 "Employment Div. v. Smith., 494 U.S. 872, 883"

    53 "Edwards v. Aguillard 482 U.S. 578"

    54 "County of Allegheny v. ACLU, 492 U.S. 573, 590-591"

    55 "Cole v. Oroville Union School District (228 F.3d 1092)"

    56 Mirsky, Yehudah, "Civil Religion and the Establishment Clause" 95 : 1237-, 1986

    57 Schaumb, Joseph, "Church, State, and the Public Schools" 4 : 54-,

    58 Gaustad, Edwin Scott, "Church, State and Education in historical Perspective, In Religion: The State and Education" J.M. Dawson Institute of Church and State Studies 1984

    59 "Chandler v. Siegleman, 958 F. Supp. 1550"

    60 Tammy Kitzmiller, "Case No. 04cv2688, 400 F. Supp. 2d 707"

    61 "Braunfeld v. Brown, 366 U.S. 599, 603"

    62 "Board of Educ. v. Mergens, 496 U.S. 226"

    63 O'Neil. Kenneth, "Beyond Zelman: Reinventing Neighborhood Schools" 33 : 283-, 2004

    64 "Adler v. Duval County School Board (206 F.3d 1070"

    65 Sendor, Benjamin B., "A Legal Guide to Religion and Public Education, Dayton" Education Law Association 1997

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    학술지 이력

    학술지 이력
    연월일 이력구분 이력상세 등재구분
    2028 평가 재인증평가 신청대상 (재인증)
    2022-01-01 등재 등재학술지 유지 (재인증) KCI등재
    2019-01-01 등재 등재학술지 유지 (계속평가) KCI등재
    2016-01-01 등재 등재학술지 유지 (계속평가) KCI등재
    2012-01-01 등재 등재학술지 선정 (등재후보2차) KCI등재
    2011-01-01 등재 등재후보 1차 PASS (등재후보1차) KCI등재후보
    2009-01-01 등재 등재후보학술지 선정 (신규평가) KCI등재후보
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    학술지 인용정보

    학술지 인용정보
    기준연도 WOS-KCI 통합IF(2년) KCIF(2년) KCIF(3년)
    2016 0.79 0.79 0.72
    KCIF(4년) KCIF(5년) 중심성지수(3년) 즉시성지수
    0.65 0.59 0.777 0.35
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