학습권 보장과 학교폭력 해결 굴레에 갇힌 학생인권 논쟁에 대한 고찰: 교권과의 관계를 중심으로

Abstract

This study aims to explore the logic of restraints consisting of the guarantee of the right to learn and the resolution of school violence. To this end, this study conducted qualitative content analysis. The findings of this research proved that the main point of the logic of the guarantee of the right to learn and the resolution of school violence are the bonded issues such as the rights of the majority of students, few students’ deviant behaviours, acts of hindering classes, teachers’ rights to discipline and teach, and reinstating corporal punishment. Importantly, the premises of this point are on the role and duty of students based on traditional thinking on education and the stress on educational excellence, and finally, the teachers’ authority. The conflicts between teachers and students occurred, and the influence of parents has escalated the conflicts.
 Based on this finding, I argued that we must eliminate such restraints to raise new ideas and paradigms of students’ human rights issues. In concrete, I discussed that educational agents should bring ideas together based on the educational relationship and map out the role of schools for future society and education so that in the end, we can expect safe and human rights-friendly schools.