교육법의 이해와 실제 교육과학사/대한교육법학회

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.

저자소개

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 ····································&middo