A Constitutional Review on the Protection of Teachers' Rights - Focusing on a Constitutional Review of the Five Teachers' Rights Laws

This study analyzed the significance and limitations of the “Five Teachers' Rights Acts” revised in 2024 and specifically proposed limitations and directions for improvement from a constitutional perspective. Previous discussions on the protection of teachers' rights have primarily focused on pedagogy and educational law, with a relative lack of discussion from a constitutional perspective. Recognizing this issue, this study examined the constitutional meaning of teachers' rights. It examined in depth how teachers' rights should be interpreted from a constitutional perspective and whether such discussions have constitutional legitimacy. In particular, it argued that the protection of teachers' rights should not simply be limited to securing teachers' personal rights or facilitating their duties, but rather should be understood as a “public authority and responsibility” that fulfills the nation's educational mission. Teachers' rights are implemented based on professional judgment and autonomy within the school, a domain where diverse educational stakeholders gather. This confirms that the constitutionally guaranteed autonomy, professionalism, and public nature of education must be guaranteed. In this context, protecting teachers' rights can be viewed as contributing to improving the quality of education, ensuring educational peace, and restoring and building trust in the educational community, rather than simply protecting the defensive rights of parents or students. Furthermore, protecting teachers' rights should not be limited to ad hoc legal measures that are amended as issues arise. Rather, it requires a structural and systematically coherent legal and policy approach and response to diverse cases, guided by constitutional interpretation. Above all, a balance of rights and responsibilities between parents, students, and teachers is crucial. Furthermore, mechanisms are needed to mitigate and prevent conflicts arising in schools, rather than relying solely on legal solutions. In summary, this study interprets teachers' rights as a public authority and responsibility for achieving the nation's educational mission within the constitutional context. Its significance lies in providing a foundational theoretical foundation and future legislative improvements related to teachers' rights. Furthermore, it offers implications by suggesting a comprehensive approach that combines constitutional values ​​with the needs of the educational field, thereby establishing a long-term and effective direction for protecting teachers' rights.