소장자료

본서는 교육법의 기초, 주체, 내용, 실제 등 4개 분야에 걸쳐 모두 15장으로 구성되어 있습니다.
먼저 제1장과 제2장은 교육법 기초에 해당하며, 교육법의 체계와 교육법학의 학문적 성격, 헌법의 주요 내용과 교육기본권 등을 다루고 있습니다.
제3장과 제4장은 교육법 주체에 해당하는 것으로, 교육당사자인 학생·학부모·국가·교원의 권리와 의무, 학교의 지위와 학교운영위원회의 역할, 교육에 대한 국가 및 지방자치단체의 권한과 책임, 국가와 지방교육주체 간의 협력과 갈등의 이론과 실제를 상세히 다루고 있습니다.
제5장에서 제9장까지는 교육법의 내용에 해당하며 교육제도·과정·여건 등을 다루고 있습니다. 즉 교육제도 법정주의 헌법적 의미와 주요 내용, 평생교육 및 직업교육의 법적 개념과 실제, 교육과정·교과서·학생평가와 교육법, 교육재정의 개념과 법제의 변천, 학교예산회계 제도, 교육시설·교육환경의 법적 개념과 학교시설의 설치 및 안전관리 등 교육여건을 체계적으로 이해할 수 있도록 세심하게 집필해 두었습니다.
제10장부터 제15장까지는 교육법 실제에 해당하며 교육 갈등 해소와 교육의 미래를 다루고 있습니다. 여기에서는 학습권의 보장과 학생 인권의 증진, 교원의 교육권과 교권 보장, 학교폭력의 법적 성격과 학교폭력 사안처리, 학교안전사고의 유형과 법적 쟁점 및 손해배상, 교육복지와 방과후학교, 대안교육의 개념 및 관련 법제, 교육정보화와 원격교육, 교육정보공개, 개인정보보호, 저작권의 개념 및 관련 법령 등을 꼼꼼하게 설명하고 있습니다.
본서는 각 장별로 본문 뒷부분에 내용 요약, 관련 판례 및 사례, 토의주제, 참고문헌 등을 체계적으로 제시하였고, 교육법 강좌 및 교육·연수를 실시할 경우, 생생한 사례 및 판례를 놓고 함께 토론하며 살아 움직이는 교육법의 맛을 음미할 수 있도록 구성하였습니다. 따라서 우리나라 교육법의 실제적·이론적 관심과 논의를 한 단계 진전시키고, 교육현장에서 교육을 담당하는 분들의 교육법 역량을 계발하는 데 본서는 크게 기여할 수 있을 것으로 기대합니다.

본서는 교육법의 기초, 주체, 내용, 실제 등 4개 분야에 걸쳐 모두 15장으로 구성되어 있습니다.

먼저 제1장과 제2장은 교육법 기초에 해당하며, 교육법의 체계와 교육법학의 학문적 성격, 헌법의 주요 내용과 교육기본권 등을 다루고 있습니다.

제3장과 제4장은 교육법 주체에 해당하는 것으로, 교육당사자인 학생·학부모·국가·교원의 권리와 의무, 학교의 지위와 학교운영위원회의 역할, 교육에 대한 국가 및 지방자치단체의 권한과 책임, 국가와 지방교육주체 간의 협력과 갈등의 이론과 실제를 상세히 다루고 있습니다.

제5장에서 제9장까지는 교육법의 내용에 해당하며 교육제도·과정·여건 등을 다루고 있습니다. 즉 교육제도 법정주의 헌법적 의미와 주요 내용, 평생교육 및 직업교육의 법적 개념과 실제, 교육과정·교과서·학생평가와 교육법, 교육재정의 개념과 법제의 변천, 학교예산회계 제도, 교육시설·교육환경의 법적 개념과 학교시설의 설치 및 안전관리 등 교육여건을 체계적으로 이해할 수 있도록 세심하게 집필해 두었습니다.

제10장부터 제15장까지는 교육법 실제에 해당하며 교육 갈등 해소와 교육의 미래를 다루고 있습니다. 여기에서는 학습권의 보장과 학생 인권의 증진, 교원의 교육권과 교권 보장, 학교폭력의 법적 성격과 학교폭력 사안처리, 학교안전사고의 유형과 법적 쟁점 및 손해배상, 교육복지와 방과후학교, 대안교육의 개념 및 관련 법제, 교육정보화와 원격교육, 교육정보공개, 개인정보보호, 저작권의 개념 및 관련 법령 등을 꼼꼼하게 설명하고 있습니다.

본서는 각 장별로 본문 뒷부분에 내용 요약, 관련 판례 및 사례, 토의주제, 참고문헌 등을 체계적으로 제시하였고, 교육법 강좌 및 교육·연수를 실시할 경우, 생생한 사례 및 판례를 놓고 함께 토론하며 살아 움직이는 교육법의 맛을 음미할 수 있도록 구성하였습니다. 따라서 우리나라 교육법의 실제적·이론적 관심과 논의를 한 단계 진전시키고, 교육현장에서 교육을 담당하는 분들의 교육법 역량을 계발하는 데 본서는 크게 기여할 수 있을 것으로 기대합니다.

발간사 ················································································································· 2

제1장 교육법 개관과 교육법학(고 전) ··································································· 13
제1절 교육법의 이해 ··························································································· 13
1. 출현 배경과 법제화의 한계 ·············································································· 13
2. 교육법의 역사적 전개 ······················································································ 15
3. 기본 용어 및 기초 개념 ··················································································· 16
4. 교육법의 기본 원리 ························································································ 18
제2절 교육법의 체계와 특징 ················································································· 22
1. 성문 교육법의 종류 ························································································· 22
2. 교육법의 불문법적 사례 ··················································································· 26
3. 교육법의 체계 ································································································ 28
4. 교육법의 특징 ································································································ 30
제3절 교육법학의 이해와 한국의 교육법 연구 ························································ 31
1. 교육법학의 개념과 전개 ··················································································· 31
2. 교육법학의 학문적 성격 ··················································································· 34
3. 한국의 교육법 연구 ························································································· 37

제2장 헌법과 교육기본권의 보장(허종렬) ······························································ 45
제1절 헌법의 주요 내용과 교육헌법 ······································································ 45
1. 현행 헌법의 주요 내용과 논의 범위 ·································································· 45
2. 교육헌법의 범위 ····························································································· 46
3. 교육헌법 개정사 ····························································································· 47
4. 현행 교육헌법 조문들의 향후 개헌론 ································································· 48
제2절 교육기본권의 보장 체계와 개별 교육기본권의 구체적 보장 ····················· 49
1. 헌법상 교육기본권 보장 체계 ··········································································· 49
2. 교육기본권 보장 체계에서의 인간으로서의 존엄과 가치, 행복추구권 ··············· 53
3. 개별적 교육기본권의 구체적 보장 ····································································· 55
4. 교원의 교육권 ································································································ 68
제3절 국가의 교육기본권 보장 의무와 교육에 관한 권한 ···································· 72
1. 국가의 교육기본권 보장 의무 ··········································································· 72
2. 교육제도 법정주의의 취지와 교육에 관한 국가의 형성적 권한 ························· 73
3. 국가에 의한 교육기본권의 제한과 한계 ······························································ 75

제3장 교육당사자의 법적 지위(정필운) ································································· 81
제1절 학생ㆍ학부모의 권리와 의무 ······································································· 81
1. 학생의 권리와 의무 ························································································· 81
2. 부모의 권리와 의무 ························································································· 84
제2절 국가ㆍ교원의 권리와 의무 ··········································································· 87
1. 국가의 교육 과제 ···························································································· 87
2. 교원의 권리와 의무 ························································································· 90
3. 교원단체 ········································································································ 93
제3절 학교(사학, 대학)와 학교운영위원회 ······························································ 98
1. 개관 ·············································································································· 98
2. 학교의 법적 지위 ···························································································· 99
3. 국ㆍ공립학교의 법적 지위 ················································································ 99
4. 사립학교의 법적 지위 ······················································································ 99
5. 대학의 법적 지위 ··························································································· 100
6. 학교운영위원회 ····························································································· 101

제4장 교육에 대한 국가 및 지방자치단체의 권한과 책임(강기홍) ···················· 105
제1절 교육주체의 권한과 책임 ············································································ 105
1. 교육주체와 객체 ··························································································· 105
2. 입법부 및 사법부와 관계에서 교육주체의 권한 ················································· 106
3. 교육주체의 책임 ··························································································· 107
제2절 국가의 교육권한과 책임 ············································································ 107
1. 국가교육위원회 ····························································································· 107
2. 교육부 ········································································································· 109
3. 국가교육주체 간 상호작용 ·············································································· 112
제3절 지방자치단체의 교육권한과 책임 ································································ 113
1. 교육감 ········································································································· 113
2. 교육감 협의체 ······························································································ 115
3. 시ㆍ도 의회 ································································································· 115
4. 지방교육행정협의회 ······················································································· 117
5. 교육장 ········································································································· 117
6. 학교의 장 ···································································································· 119
7. 지방교육주체 간 상호작용 ·············································································· 123
제4절 국가와 지방교육주체 간 협력과 갈등의 해소 ············································ 125
1. 국가교육을 위한 연장된 팔로서의 지방교육기관 ················································· 125
2. 교육사무 집행에 따른 갈등 ············································································ 126
3. 갈등 해소의 방법과 절차 ··············································································· 127

제5장 교육제도 법정주의(이형석) ········································································· 135
제1절 교육제도 법정주의의 개관 ········································································· 135
1. 교육제도 법정주의의 연혁 ·············································································· 135
2. 교육제도 법정주의의 헌법적 의미 ··································································· 136
제2절 교육제도 법정주의의 내용 ········································································· 140
1. 교육제도 법정주의 ························································································· 140
2. 교육재정 법정주의 ························································································ 157
3. 평생교육제도 법정주의 ·················································································· 161
4. 교원지위 법정주의 ························································································ 164
5. 소결 ············································································································ 171
제3절 교육제도 법정주의 관련 사안 분석 ····························································· 172
1. 교원지위 법정주의의 의의 ·············································································· 172
2. 교원지위 법정주의의 내용 ·············································································· 173
3. 구 사립학교법 조항의 교원지위법정주의 위배여부 ············································· 173

제6장 평생교육과 직업교육(이수경) ····································································· 179
제1절 평생교육과 법 ························································································· 179
1. 평생교육의 개념 ··························································································· 179
2. 평생교육의 법적 근거 ···················································································· 179
3. 평생교육의 실제 ··························································································· 182
제2절 직업교육과 법 ························································································· 187
1. 직업교육의 개념 ··························································································· 187
2. 직업교육의 법적 근거 ···················································································· 188
3. 직업교육의 실제 ··························································································· 189
제3절 교육과 국가인적자원개발 ·········································································· 194
1. 국가인적자원개발의 개념 ··············································································· 194
2. 교육과 국가인적자원개발의 관계 ····································································· 195
3. 교육과 국가인적자원개발의 법적 근거 ····························································· 196
4. 「인적자원개발 기본법」의 내용 ········································································ 197

제7장 교육과정 및 학생평가와 교육법(김 용) ···················································· 201
제1절 교육과정행정의 구조와 법 체계 ································································· 201
1. 교육과정행정의 틀 ························································································ 201
2. 교육과정 편성권 ··························································································· 203
3. 국가 교육과정 ······························································································ 205
제2절 교과서와 수업 ························································································· 207
1. 교과서와 법적 구조 ······················································································· 207
2. 교과서 채택 및 사용 ····················································································· 210
3. 교사의 수업의 자유와 제한 ············································································ 211
제3절 시험과 학생 평가 ····················································································· 214
1. 시험과 법치주의 ···························································································· 214
2. 학생 성적 평가의 기본 원칙 ··········································································· 216
3. 시험 시행과 법적 문제 ·················································································· 219

제8장 교육재정과 교육법(하봉운) ········································································· 223
제1절 교육재정의 개념 ······················································································· 223
1. 교육비 분류 및 교육재정의 개념 ······································································ 223
2. 교육재정 관련 헌법정신: 교육재정 법정주의 ······················································ 225
제2절 교육재정법제의 형성과 발전 ······································································ 227
1. 교육재정법제의 체계와 구조 ············································································ 227
2. 교육재정법제의 주요 내용 ··············································································· 228
제3절 학교예산회계 제도 ···················································································· 251
1. 단위학교의 재원 ··························································································· 251
2. 학교예산회계 제도 운영 현황 ········································································· 252
3. 학교 재무관리 원칙과 주요 쟁점 ····································································· 254

제9장 교육시설 및 환경과 법(이덕난) ································································· 263
제1절 교육시설의 개념 및 범위 ·········································································· 263
1. 교육시설의 정의 ··························································································· 263
2. 교육시설의 범위 ··························································································· 264
제2절 교육시설 법령의 영역 및 체계 ···································································· 266
1. 교육시설 법령의 영역 ···················································································· 266
2. 교육시설 법령의 체계 ···················································································· 267
제3절 학생수용계획과 학교 설립 절차 ·································································· 269
1. 초ㆍ중등학교 설립 책무 및 학생수용계획 ························································· 269
2. 학교 설립 절차 및 학교용지의 확보 ································································ 270
제4절 학교시설사업 특례 및 학교복합시설 ··························································· 273
1. 학교시설사업의 촉진 ····················································································· 273
2. 학교복합시설의 설치 ····················································································· 273
제5절 교육시설의 시설ㆍ설비 기준 ······································································ 276
1. 교육시설 설치ㆍ운영의 기본 원칙 ··································································· 276
2. 학교 설립 시 시설 기준 ················································································ 277
제6절 교육시설의 안전 및 유지관리 ···································································· 278
1. 교육 및 시설의 안전ㆍ관리 관련 법령 체계도 ···················································· 278
2. 교육시설안전사고의 유형 및 사례 ··································································· 280
3. 교육시설의 안전관리 및 유지관리 ···································································· 281
제7절 교육환경의 보호 ······················································································ 284
1. 교육환경과 교육환경권 ·················································································· 284
2. 교육환경평가 ································································································ 286
3. 교육환경보호구역 및 금지행위 ········································································ 287

제10장 학생인권의 증진(전제철) ········································································· 297
제1절 학습권의 보장 ························································································· 297
1. 교육을 받을 권리 ·························································································· 297
2. 능력에 따른 교육을 받을 권리 ········································································ 299
3. 균등하게 교육을 받을 권리 ············································································ 301
4. 학교 선택권(고교 평준화 위헌론) ···································································· 303
제2절 학생 인권의 보호 ····················································································· 305
1. 체벌의 정당성 여부 ······················································································ 305
2. 학생의 표현의 자유 ······················································································· 308
3. 학생의 사생활 보호 ······················································································· 310
제3절 학생인권조례 ··························································································· 313
1. 학생인권조례 현황 ························································································ 313
2. 학생인권조례와 관련한 논란 ··········································································· 314

제11장 교원과 교권(김학추) ·············································································· 319
제1절 교원의 개념과 관계 법률 ·········································································· 319
1. 교원의 개념과 유사한 교육직원의 차이점 비교 ················································ 319
2. 교원의 관계 법률 ·························································································· 323
3. 교권의 개념과 관련 법률 ··············································································· 324
제2절 교원의 교육권 ························································································· 329
1. 교장의 지도ㆍ감독권 ····················································································· 330
2. 교감의 교육권 ······························································································ 332
3. 수석교사의 교육권 ························································································ 332
4. 교사의 교육권 ······························································································ 333
제3절 교원의 법적 지위와 교육활동 보호 ···························································· 336
1. 교원의 법적 지위 ·························································································· 336
2. 교육활동 보호 ······························································································ 339
3. 교육활동 보호 제도 ······················································································· 341
제4절 교권 보장과 침해구제 ··············································································· 344
1. 교권조례 및 조례안에 나타난 교권보장 ···························································· 345
2. 교원소청심사제도와 사법쟁송 ········································································· 349
3. 교원소청심사위원회와 소청절차 ······································································ 351

제12장 학교폭력예방 및 대책(김갑석) ··································································· 357
제1절 학교폭력의 의의 ······················································································ 357
1. 학교폭력의 법적 정의 ···················································································· 357
2. 학교폭력의 유형과 실태 ················································································· 364
제2절 학교폭력의 예방 ······················································································ 366
1. 학교폭력예방교육 ·························································································· 366
2. 학교폭력예방교육의 과제 ··············································································· 372
제3절 학교폭력의 대책 ······················································································ 374
1. 학교에서의 학교폭력 사안처리 절차 ································································ 374
2. 교육지원청에서의 학교폭력 사안처리 절차 ······················································· 379

제13장 학교안전사고와 법률(주영달) ··································································· 393
제1절 학교안전사고의 개념과 유형 ······································································ 393
1. 학교안전사고의 개념 ····················································································· 393
2. 학교안전사고의 유형 ····················································································· 394
제2절 학교안전사고와 관련한 법률 및 법적 쟁점 ··············································· 396
1. 학교안전사고와 관련한 법률 ··········································································· 396
2. 학교안전사고와 손해배상의 문제 ····································································· 398
3. 학교안전사고와 형사법 문제 ··········································································· 398
4. 학교안전사고와 징계 문제 ·············································································· 400
제3절 학교안전사고와 손해배상 ·········································································· 400
1. 피해자 구제 방법 ·························································································· 400
2. 교원의 행위로 인한 안전사고 ········································································· 405
3. 학생의 행위로 인한 안전사고 ········································································· 407
4. 시설로 인한 학교안전사고 ·············································································· 412
5. 학교안전공제 ································································································ 413

제14장 교육복지와 대안학교(전윤경) ································································· 417
제1절 교육복지 ································································································· 417
1. 교육복지의 이해 ··························································································· 417
2. 교육복지의 목표 ··························································································· 419
3. 교육복지의 법적 근거 ···················································································· 420
4. 외국의 교육복지 관련 법제 ············································································ 428
제2절 방과후학교 ······························································································ 433
1. 방과후학교의 이해 ························································································ 433
2. 법적 근거 및 운영 ························································································ 436
제3절 대안학교 ································································································· 437
1. 대안학교의 이해 ··························································································· 437
2. 대안학교의 유형 및 법령의 내용 ····································································· 439

제15장 교육정보화와 법(정순원) ········································································· 453
제1절 교육정보화법 ··························································································· 453
1. 교육정보화의 개념 ························································································ 453
2. 교육정보화 법령 체계 ···················································································· 454
3. 교육정보화 법령의 주요 내용 ········································································· 458
제2절 원격교육법 ······························································································ 461
1. 원격교육의 개념 ··························································································· 461
2. 원격교육 운영 현황 ······················································································· 462
3. 원격교육에 관한 법령 체계 및 주요 내용 ························································· 464
제3절 교육기관 정보공개법 ················································································ 469
1. 교육정보공개의 개념 ····················································································· 469
2. 교육정보공개제도의 헌법상 의의 ····································································· 472
3. 교육기관정보공개법의 주요 내용 ····································································· 473
제4절 개인정보 보호법 ······················································································ 478
1. 개인정보 보호법의 개요 ················································································· 478
2. 개인정보 보호법의 체계와 특징 ······································································ 479
3. 개인정보 보호법의 주요 내용 ········································································· 481
제5절 저작권법 ································································································· 493
1. 저작권법의 개요 ··························································································· 493
2. 저작권법의 주요 내용 ···················································································· 494
3. 저작자 등의 권리 ·························································································· 496
4. 저작권자의 권리 제한 및 예외 ········································································ 497
5. 권리 구제의 방법 ·························································································· 503

학습목표 ········································································································· 507
찾아보기 ········································································································· 510