2025년 12월 31일 출간 | ISBN : 1194631339 | 588쪽 | 규격外 | 1판

저자 : 김정환 조선대학교 법학과 조교수 저자 : 김혜진 한국교육개발원 연구위원

국문요약 ···················································································· 1 제1장 김민영 서론 ························································································· 21 제 1 절 | 연 구 의 배 경 과 목 적 ································································· 2 3 제 2 절 | 연 구 대 상 과 연 구 범 위 ································································ 2 7 1. 교원의 교육활동 피해의 개념과 유형 구분 ·····································27 2. 연구대상의 범위 ··············································································· 3 1 제 3 절 | 연 구 내 용 과 보 고 서 구 성 ·························································· 3 2 제2장 김민영 ㆍ 김지영 ㆍ 길혜지 연구방법 ·················································································· 35 제1절 | 중ㆍ고 등 학 교 교 육 공 동 체 대 상 설 문 조 사 ··································· 3 7 1. 설문조사의 설계 및 대상 ·································································37 가 . 설 문 조사 의 설 계 ··············································································· 3 7 나. 설문조사의 대상: 중?고 등 학교 의 교 원 , 학 생 , 학 부 모 ······················ 3 7 2. 표본설계 ··························································································· 3 8 가 . 모 집 단 및 조 사 모집 단 현 황 ····························································· 3 8 나 . 층 화 와 표 본배 분 ··············································································· 4 1 다 . 가 중 치 부 여 및 추 정 ········································································ 4 3 3. 표본의 특성 ······················································································46 가. 인구학적 특성 및 학교ㆍ지역 특성 ···················································· 4 6 나 . 학 교 교 육 활동 환경 인식 ································································· 4 9ii 교원의 교육활동 피해 실태조사 및 법?정책적 개선방안 연구(Ⅱ): 중등학교를 중심으로 4. 조사표 설계 및 내용 ········································································ 5 3 가 . 조 사 표 설 계 ······················································································ 5 3 나. 중ㆍ고 등 학교 교원 대상 조사 표 ························································· 5 4 다. 중ㆍ고 등 학교 학생 및 학 부모 대상 조사 표 ········································ 5 9 5. 조사방법 및 진행 ············································································· 6 1 가 . 예 비 조사 및 조 사준 비 ······································································ 6 1 나 . 조 사 진행 및 자 료분 석 ······································································ 6 2 제 2 절 | 심 층 면 접 조 사 ·········································································· 6 5 1. 심층면접조사의 설계 및 대상 ·························································· 6 5 2. 조사방법 ··························································································· 6 7 제 3 절 | 언 론 보 도 동 향 분 석 ································································· 6 8 1. 분석 대상 및 자료수집 ···································································· 6 8 2. 분석방법 ··························································································· 6 9 제 4 절 | 법 제 분 석 ················································································· 7 1 1. 교원의 교육활동 보호 관련 국내 법제 개정 및 입법안 분석 ·········71 2. 「학교안전법」 상 교원의 책임면제 규정의 분석 ·······························71 제3장 길혜지 교원의 교육활동 피해 관련 국내 언론보도 동향 분석 ······ 73 제 1 절 | 언 론 보 도 분 석 의 주 요 내 용 ( 2 1 . 1 - 2 5 . 7 ) ·································75 1. 전체 기간 분기별 언론 보도량 ························································ 7 5 2. 서이초 교사 사망 사건 전후 기사 분석 ·········································· 7 8 가 . 사 건 이 전 ························································································· 7 8 나 . 사 건 이 후 ························································································· 8 2 3. 연도별 기사 분석 ············································································· 8 6 가. 2021년 ···························································································· 8 6 나. 2022년 ···························································································· 9 2 다. 2023년 ···························································································· 9 8 라. 2024년 ·························································································· 1 0 4 마. 2025년 상반기 ·············································································· 1 1 0 제 2 절 | 소 결 ······················································································· 1 1 6목차 iii 제4장 김민영 ㆍ 성유리 교원의 교육활동 피해 실태 및 관련 인식: 중ㆍ고등학교 교원 설문조사를 중심으로 ····························· 123 제 1 절 | 교 원 의 교 육 활 동 피 해 발 생 현 황 ··········································125 1. 교원의 교육활동 피해: 유형별 현황 ·············································· 1 2 6 2. 인구사회학적 특성 및 업무?학교 특성과 교원의 교육활동 피해 ·· 130 3. 교육활동 환경에 대한 인식과 교사의 교육활동 피해 ···················· 1 4 7 제2절 | 교사의 교육활동 피해 실태 및 결과: 사건조사표 중심으로 · 153 1. 사건조사표 기반 분석 개요 ···························································· 1 5 3 2. 가장 심각한 사건의 발생 시기 ······················································ 1 5 4 3. 가장 심각한 사건의 주된 피해 유형 ············································· 1 5 4 4. 교원의 교육활동 피해 유형별 발생 특성 ······································· 1 5 6 가 . 정 당 한 생 활지 도 불 응 ···································································· 1 5 6 나 . 의 무 가 아 닌 일 의 지 속적 강요 ······················································ 1 6 2 다 . 정 당 하지 않은 민원 반복 제 기 ························································ 1 6 7 라 . 명 예 훼손 및 모 욕 ··········································································· 1 7 2 마 . 공 무 ( 업 무) 방해 ················································································ 1 7 7 바 . 협 박 ······························································································· 1 8 3 사 . 무 고 ······························································································· 1 8 8 아 . 손 괴 ······························································································· 1 9 2 자 . 상 해 및 폭행 ················································································· 1 9 7 차 . 스 토 킹 ···························································································· 2 0 2 카 . 성 희 롱 ···························································································· 2 0 8 5 . 사 후 대 응 ······················································································· 2 1 3 가 . 피 해 사실 공유 여부 및 대 상 ························································· 2 1 3 나 . 사 건 처 리 ······················································································· 2 1 7 6. 피해의 결과 및 치유를 위한 조치 ················································· 2 2 1 가 . 피 해 의 결 과 ··················································································· 2 2 1 나 . 치 유 를 위 한 조 치 ··········································································· 2 2 3 제3절 | 교원의 교육활동 피해 두려움 및 교직에 대한 생각 ·············226 1. 교원의 교육활동 피해 두려움 ························································ 2 2 6 가 . 교 원 의 교 육활 동 피 해 에 대 한 두 려움 ············································226iv 교원의 교육활동 피해 실태조사 및 법?정책적 개선방안 연구(Ⅱ): 중등학교를 중심으로 나 . 상 세 특 성 별 교 원의 교육 활 동 피 해에 대한 두려 움 ······················· 2 2 9 다 . 교 원 의 교 육활 동 피 해 경 험 과 두 려움 ············································234 2. 교직에 대한 생각 ··········································································· 2 3 6 가. 교직 만족도 및 사기?열 의 ····························································· 236 나 . 이 직 에 대 한 생 각 ··········································································· 2 3 7 제 4 절 | 교 육 활 동 침 해 발 생 및 보 호 정 책 에 대 한 인 식 ··················· 2 4 1 1. 교육활동 침해 발생 및 원인에 대한 인식 ····································· 2 4 1 가. 교육활동 침해행위의 심각성 및 발생 추세에 대한 인식 ·············· 2 4 1 나 . 재 직 중 인 학 교 에서 의 침 해 행위 심각 성 인 식 ································ 2 4 2 다 . 교 육 활동 침해 의 원 인 에 대 한 인 식 ··············································· 2 4 5 2. 교육활동 침해 시 주변 도움에 대한 인식 및 대응 지식 ·············· 2 4 6 가 . 교 육 활동 침해 시 주 변 도 움에 대한 인식 ····································· 2 46 나 . 교 육 활동 침해 시 대 응이 나 지 원 에 대 한 인 지 ······························ 2 4 7 3. 교육활동 침해 예방교육 현황 및 관련 인식 ·································248 가. 학생?보호자 등 대상 예방교육 실시여부 및 내용 ························ 2 4 8 나. 학생?보호자 등 대상 예방교육에서 필요한 내용에 대한 의견 ······251 다. 교육활동 침해 예방교육 경험 및 교사 대상 교육에서 필요한 내용 252 4. 교육활동 보호 관련 법?제도 변화 인지 및 효과성에 대한 인식 ··253 가. 교육활동 보호 관련 법?제도 변화 인지 ········································ 2 5 3 나. 교육활동 보호 관련 법?제도 변화 에 대 한 효 과 성 인 식 ················ 2 5 7 다 . 교 권 보호 위 원회 의 교 육 지원 청 이 관 에 대 한 인 식 ··························· 2 6 0 5. 교육활동 피해 교사에게 필요한 보호?지원 내용에 대한 의견 ······262 6. 관리자의 교육활동 침해행위 처리 시 어려움 및 필요한 조치 ······264 가 . 교 육 활동 침해 행 위 처 리 경 험 유 무 ··············································· 2 6 4 나. 교육활동 침해행위 처리 시 어려움 및 필요한 조치 ····················· 2 6 4 7. 교육활동 보호를 위해 필요한 대책에 대한 의견 ···························266 제 5 절 | 소 결 ······················································································· 2 6 9 1. 교원의 교육활동 피해 발생 현황 ··················································· 2 6 9 가. 중ㆍ고 등 학교 교원 의 교 육 활동 피해 기초 현황 ······························· 2 6 9 나. 중ㆍ고 등 학교 교원 의 교 육 활동 피해 상세 현황 ······························· 2 7 0 2. 중ㆍ고등학교 교원의 교육활동 피해 실태와 결과 ···························· 2 7 1 가 . 가 장 심 각 한 사 건의 주된 피해 유형 ············································· 2 7 1목차 v 나 . 피 해 유 형 별 발 생 특 성 ·································································· 2 7 2 다 . 사 후 대 응 및 피해 결과 ································································ 2 7 5 3. 중ㆍ고등학교 교원의 교육활동 피해 두려움 및 교직에 대한 생각 ··276 가 . 교 원 의 교 육활 동 피 해 두 려 움 ························································ 2 7 6 나 . 교 직 에 대 한 생 각 ··········································································· 2 7 7 4. 교육활동 침해 발생 및 보호 정책에 대한 인식 ···························· 2 7 7 가. 중ㆍ고등학교 교원의 교육활동 침해 발생 및 원인에 대한 인식 ····· 277 나. 교육활동 침해 시 주변 도움에 대한 인식 및 대응 지식 ··············278 다 . 교 육 활동 침해 예방 교 육 현 황 및 관 련 인 식 ································· 2 7 9 라. 교육활동 보호 관련 법ㆍ제도 변화 인지 및 효과성에 대한 인식 ···280 마. 교육활동 피해 교사에게 필요한 보호지원 내용 ···························· 2 8 1 바. 관리자의 교육활동 침해 사안 처리 어려움 및 필요한 지원 내용 282 사. 교육활동 보호를 위해 필요한 대책에 대한 의견 ·························· 2 8 3 제5장 길혜지 교육활동 침해 발생 및 보호 정책에 대한 교육공동체 인식 비교: 중등학교를 중심으로 ··························································· 285 제 1 절 | 분 석 의 개 요 ··········································································· 2 8 7 제 2 절 | 교 육 활 동 환 경 에 대 한 인 식 ··················································· 2 8 9 제 3 절 | 교 육 활 동 침 해 발 생 심 각 성 및 원 인 에 대 한 인 식 ················ 2 9 2 제 4 절 | 교 육 활 동 침 해 보 호 정 책 에 대 한 인 식 ································· 2 9 7 1. 교육활동 침해 예방교육 경험 및 필요 내용 ·································297 2. 교육활동 보호 관련 법?제도 변화 인지 및 효과성 인식 ·············· 2 9 9 3. 교육활동 보호를 위해 필요한 대책 ··············································· 3 0 1 제 5 절 | 학 부 모 의 학 교 생 활 참 여 및 연 락 경 험 ································· 3 0 2 제 6 절 | 소 결 ······················································································· 3 0 6vi 교원의 교육활동 피해 실태조사 및 법?정책적 개선방안 연구(Ⅱ): 중등학교를 중심으로 제6장 김지영 교원의 교육활동 피해 실태 및 관련 인식: 중등교원 및 학부모 대상 심층면접을 중심으로 ··············· 311 제 1 절 | 심 층 면 접 조 사 내 용 ································································· 3 1 3 제 2 절 | 심 층 면 접 및 F G I 결 과 ·························································· 3 1 6 1. 교육활동 침해 발생 특성 ······························································· 3 16 가 . 학 생 으로 부 터의 교육 활 동침 해 ························································ 3 1 6 나 . 학 부 모로 부 터의 교육 활 동침 해 ························································ 3 2 2 다 . 학 교 급별 교육 활 동침 해 의 차 이 ······················································ 3 2 7 라 . 일 반 고와 특성 화 고간 교육 활 동침 해 의 차 이 ···································· 3 2 8 마 . 교 육 활동 침해 에 대 한 두 려 움 ························································ 3 3 0 2. 교육활동 침해 발생원인 ································································· 3 3 6 가 . 학 생 요인 ························································································· 3 3 6 나 . 학 부 모요 인 ····················································································· 3 4 0 다 . 교 사 요인 ························································································· 3 4 4 라 . 학 교 요인 ························································································· 3 4 8 마 . 사 회 적 요 인 ··················································································· 3 5 0 3. 교육활동 침해에 대한 대응실태 및 어려움 ···································350 가 . 교 육 활동 침 해에 대한 교사 의 대 응 실 태 ········································ 350 나 . 교 육 활동 침 해시 대응 과 관 련 된 어 려움 ··········································354 4. 현재 교육활동 보호 대책에 대한 인식 및 의견 ···························· 3 6 0 가. 교육활동 보호대책 시행 이후 전반적인 학교의 분위기 ················360 나 . 교 육 활동 침 해 예 방교 육 에 대 한 인 식 ·············································· 3 6 1 다 . 최 근 교 육 활동 보호 대 책에 대한 인식 ············································366 5. 교육활동 보호를 위해 필요한 대책에 대한 의견 ···························381 가 . 교 육 활동 침 해 예 방을 위한 대책 ··················································· 3 8 1 나 . 교 육 활동 침 해 피 해 발 생시 대응 대책 ············································386 제 3 절 | 소 결 ······················································································· 3 9 0 1. 교육활동침해 현황 및 대응 ···························································· 3 9 0 가 . 교 육 활동 침 해현 황 과 발 생원 인 에 대 한 의 견 ···································· 3 9 0 나 . 교 육 활동 침 해대 응 현 황 및 어려 움 ················································· 3 9 2목차 vii 2. 현재 교육활동 보호대책에 대한 인식 및 의견 ······························ 3 9 3 가 . 전 반 적인 학교 의 분 위 기 및 예 방 교육 ············································393 나. 최근 교육활동보호 관련 법제도 변화에 대한 인식 ·······················394 3. 교육활동 보호대책에 대한 의견 ····················································· 3 9 6 가 . 교 육 활동 침 해예 방 을 위 한 대 책 ······················································ 3 9 6 나 . 교 육 활 동 침 해 발 생 시 대 응 대 책 ····················································· 3 9 8 제7장 김혜진 교원의 교육활동 피해 두려움에 영향을 주는 요인 분석: 초등교사 설문조사 심층분석 ·············································· 401 제 1 절 | 분 석 의 필 요 성 및 목 적 ·························································· 4 0 3 제 2 절 | 이 론 적 배 경 ··········································································· 4 0 6 1. 교육활동 침해 실태 ········································································ 4 0 6 2. 범죄 피해 두려움 관련 선행연구 분석 ·········································· 4 0 8 제 3 절 | 분 석 방 법 ·············································································· 4 1 1 1 . 분 석 변 수 ······················································································· 4 1 1 가 . 종 속 변수 ························································································· 4 1 2 나 . 독 립 변수 : 유형 별 특 징 및 영향 요 인 ·············································· 4 1 3 2 . 분 석 방 법 ······················································································· 4 1 6 제 4 절 | 분 석 결 과 ·············································································· 4 1 7 1 . 기 초 통 계 ······················································································· 4 1 7 2. 잠재프로파일 분류 및 정의 ···························································· 4 1 7 3. 교육활동 피해 두려움의 잠재프로파일 특징 ·································· 4 2 0 가 . 개 인 요 인 ······················································································· 4 2 0 나 . 교 육 활동 환경 요인 ······································································· 4 2 3 다 . 제 도 적 지 원 요 인 ··········································································· 4 2 5 4. 잠재집단 영향요인 분석 ································································· 4 2 9 제 5 절 | 소 결 ······················································································· 4 3 3viii 교원의 교육활동 피해 실태조사 및 법?정책적 개선방안 연구(Ⅱ): 중등학교를 중심으로 제8장 김정환 교원의 교육활동 보호 관련 법제 ······································· 437 제 1 절 | 교 육 활 동 보 호 법 제 의 주 요 개 정 사 항 ····································· 4 3 9 1. 들어가며 ························································································· 4 3 9 2. 주요 법률의 개정사항 ···································································· 4 4 0 가. 「교육기본법」 ················································································· 4 4 0 나. 「초ㆍ중등교육법」 ············································································· 4 4 1 다. 「유아교육법」 ················································································· 4 4 7 라. 「교원지위법」 ················································································· 4 4 7 3. 주요 법률의 개정안 현황 ······························································· 4 49 가. 「초ㆍ중등교육법」 ············································································· 4 4 9 나. 「유아교육법」 ················································································· 4 5 4 다. 「교원지위법」 ················································································· 4 5 7 4 . 소 결 ································································································ 4 7 4 제2절 | 학교안전사고 예방 및 보상에 관한 법률과 교원의 책임면제 475 1. 학교안전사고에 대한 국내법제 ······················································· 4 7 5 가 . 학 교 안전 사 고 일 반론 ······································································ 4 7 5 나 . 학 교 안전 사 고에 대한 법적 책임 체 계 ·············································· 4 7 8 다. 「학교안전법」 ················································································· 4 7 9 2. 학교안전사고에 관한 해외법제 ······················································· 4 8 8 가 . 학 교 안전 사 고에 관한 미국 법 제 ······················································ 4 8 8 나 . 학 교 안전 사 고에 관한 일본 법 제 ······················································ 4 9 0 3. 국내 「학교안전법」상 판례분석 ······················································ 4 9 2 가. 대법원 2000. 4. 11. 선고 99다44205 판결 ································· 4 9 2 나. 창원지방법원 진주지원 2015. 8. 12. 선고 2014가합10437 판결 ··493 다. 서울서부지방법원 2011. 11. 18. 선고 2011가합4841 판결 ·········· 4 9 4 라. 서울중앙지방법원 2016. 6. 15. 선고 2016가합504877 판결 ········495 마. 서울고등법원 2017. 12. 19. 선고 2017나2024845 판결 ·············495 바. 창원지방법원 2019. 9. 20. 선고 2018나58162 판결 ···················496 사. 수원지방법원 2010. 12. 30. 선고 2010가합3626 판결 ················ 4 9 7 아. 창원지방법원 2019. 9. 20. 선고 2018나58162 판결 ···················497 자. 광주지방법원 2022. 2. 24. 선고 2021고정855 판결 ···················· 4 9 8 차. 수원지방법원 2012. 5. 10. 선고 2011가단61154 판결 ················ 4 9 8목차 ix 카. 창원지방법원 진주지원 2019. 12. 3. 선고 2017가단34659 판결 ··499 타. 대전고등법원 2013. 1. 15. 선고 2012나3805 판결 ······················500 4. 학교안전사고와 교직원의 면책 관련 문제와 개선 방안 ················ 5 0 1 가 . 학 교 안전 사 고와 교직 원 의 면 책 관 련 문 제 ····································· 5 0 1 나 . 개 선 방 안 ······················································································· 5 0 2 5 . 소 결 ································································································ 5 0 3 제9장 김민영 ㆍ 김지영 ㆍ 성유리 ㆍ 길혜지 ㆍ 김혜진 ㆍ 김정환 결론 ······················································································· 505 제1절 | 교육활동 보호 법ㆍ정 책 의 개 선 을 위 한 제 언 ·························· 5 0 7 1 . 학교 공동 체 성 회 복을 통한 교육 활 동 보 호 추 진 ···························· 5 0 8 2. 학교와 학부모간 공식 채널을 통한 소통과 상호 신뢰 강화 ··········509 3. 교육활동 보호를 위한 법?제도적 지원의 지속 적용을 통한 신뢰 확보 필요 ··············································································· 5 1 1 4. 교육활동 침해행위의 예방 및 대응을 위한 관련 개념의 명확화 ···512 5. 학교폭력 관련 사안의 대응시 적극적인 교육활동 침해 예방의 필요 ·· 514 6. 교원의 교육활동 피해 두려움에 대한 정책적 관심과 지원 ············515 제 2 절 | 향 후 실 태 조 사 연 구 를 위 한 제 언 ··········································517 참고문헌 ················································································· 521 Abstract ·················································································· 535 부록 ························································································· 547 [부록 1] 중ㆍ고 등 학 교 조 사 표 ( 교 원 ) ································································ 5 4 7 [부록 2] 중ㆍ고 등 학 교 조 사 표 ( 학 부 모 ) ···························································· 5 7 3 [부록 3] 중ㆍ고 등 학 교 조 사 표 ( 학 생 ) ································································ 5 8 2