체벌 금지에 대한 입법동향과 과제 = Trends and Challenge of the Legislation to End Corporal Punishment in Schools

다국어 초록 (Multilingual Abstract)

Korea has rapidly developed in the areas of economic and politics. The human rights of students in schools, However, has been relatively ignored. The main reasons might be the closed system of school organization and the ``in loco parentis`` doctrine. Corporal punishment (CP) has long been used as a means of student discipline around the world. CP as an effective form of discipline, however, is a controversial subject. The purpose of the present study was to critically review the trends and challenge of to end corporal punishment for enhancing students` human rights. Based upon a comprehensive literature review, first, CP was be defined and summarized the trends and issues on its abolition legislation. Second, the Korean Constitution, the International Covenants on Civil and Political Rights, UN Convention on the Right of the Child in 1991, Korean educational laws and regulations such as the Educational Organic Law, the Elementary and Secondary Education Law and Its Enforcement Ordinance, and the model draft of the Ministry of Education, Science and Technology were summarized to review in the point of human rights and CP. Third, the problems with CP were summarized in the view of legal justification and recommendation for enhancing students` human rights were suggested in the relations of CP abolition legislation, teachers` education with proper curriculum and importance of students` human nature education at home. In conclusion, the legislation on abolishing CP should be enacted in detail and clear to enhance students` human rights.