연구사업
연구자료
연구보고서
연구보고서
교육활동 보호 매뉴얼(CRM2026-09)
연구 요약
<차 례>
Ⅰ 교육활동 침해행위의 이해
1 장 교육활동 침해행위의 이해 ·················································································· 2
2 장 교육활동 침해 사안처리 흐름도 ·········································································· 7
3 장 교육활동 침해행위 예방교육의 실시 ··································································· 8
Ⅱ 교권보호위원회
1장 교권보호위원회 구성운영 근거 ········································································ 1 4
2 장 교권보호위원회 종류 ························································································ 1 7
Ⅲ 교육활동 침해 사안 단계별 대응방안
1 장 교육활동 침해 사안 처리 시 유의사항 ······························································ 28
2 장 교육활동 침해 사안 단계별 대응방안 ······························································· 29
3 장 교육활동 침해 사안 관련 분쟁 조정 ································································· 6 2
Ⅳ 피해교원에 대한 지원 제도
1 장 피해교원에 대한 지원 제도 ·············································································· 6 8
2 장 그 밖에 사법적 조치 ························································································ 7 7
3 장 그 밖에 교육활동 보호 관련 지원 제도 ···························································· 80
4 장 교육활동 침해 이외 사안에 대한 대응방안 ······················································· 86
Ⅴ 사례로 알아보는 교육활동 침해행위
1. 형법 제8장(공무방해에 관한 죄) 또는 제314조(업무방해)에 해당하는 범죄 행위···90
2. 형법 제11장(무고의 죄)에 해당하는 범죄 행위 ··············································· 91
3. 형법 제2편제25장(상해와 폭행의 죄)에 해당하는 범죄 행위 ··························· 92
4. 형법 제2편제30장(협박의 죄)에 해당하는 범죄 행위 ······································· 93
5. 형법 제2편제33장(명예에 관한 죄)에 해당하는 범죄 행위 ······························ 94
6. 형법 제2편제42장(손괴의 죄)에 해당하는 범죄 행위 ······································· 96
7. 성폭력범죄의 처벌 등에 관한 특례법? 제2조제1항에 따른 성폭력범죄 행위 ·····97
8. 정보통신망 이용촉진 및 정보보호 등에 관한 법률? 제44조의7제1항에 따른 불법정보 유통 행위 ···························································································· 9 8
9 . 그 밖에 다른 법률에서 형사처벌 대상으로 규정한 범죄 행위 ··························· 100
10. 교원의 교육활동을 부당하게 간섭하거나 제한하는 행위로서 목적이 정당하지 아니한 민원을 반복적으로 제기하는 행위 ····························· 102
11. 교원의 교육활동을 부당하게 간섭하거나 제한하는 행위로서 법적 의무가 아닌 일을 지속적으로 강요하는 행위 ·········································· 103
12. 교육활동 중인 교원에게 성적 언동 등으로 성적 굴욕감 또는 혐오감을 느끼게 하는 행위 ··························································································· 1 0 4
13. 교원의 정당한 교육활동에 대해 반복적으로 부당하게 간섭하는 행위 ··············105
14. 교원의 정당한 생활지도에 불응하여 의도적으로 교육활동을 방해하는 행위····106
15. 교육활동 중인 교원의 영상화상음성 등을 촬영녹화녹음합성하여 무단으로 배포하는 행위 ················································································· 1 0 7
16. 그 밖에 학교장이 교육공무원법 제43조 제1항에 위반한다고 판단하는 행위·····108
Ⅵ 부록
1. 지역교권보호위원회 사안심의 회의 시나리오(예시)[분쟁조정 단계 제외] ············112
2 . 지역교권보호위원회 분쟁조정 회의 시나리오(예시) ············································ 117
3 . 지역교권보호위원회 운영 규정(안) ···································································· 1 2 0
4 . 각종 서식 ········································································································ 1 2 4
5 . 교육활동 보호 관련 법규 ················································································· 1 6 6
Ⅰ 교육활동 침해행위의 이해
1 장 교육활동 침해행위의 이해 ·················································································· 2
2 장 교육활동 침해 사안처리 흐름도 ·········································································· 7
3 장 교육활동 침해행위 예방교육의 실시 ··································································· 8
Ⅱ 교권보호위원회
1장 교권보호위원회 구성운영 근거 ········································································ 1 4
2 장 교권보호위원회 종류 ························································································ 1 7
Ⅲ 교육활동 침해 사안 단계별 대응방안
1 장 교육활동 침해 사안 처리 시 유의사항 ······························································ 28
2 장 교육활동 침해 사안 단계별 대응방안 ······························································· 29
3 장 교육활동 침해 사안 관련 분쟁 조정 ································································· 6 2
Ⅳ 피해교원에 대한 지원 제도
1 장 피해교원에 대한 지원 제도 ·············································································· 6 8
2 장 그 밖에 사법적 조치 ························································································ 7 7
3 장 그 밖에 교육활동 보호 관련 지원 제도 ···························································· 80
4 장 교육활동 침해 이외 사안에 대한 대응방안 ······················································· 86
Ⅴ 사례로 알아보는 교육활동 침해행위
1. 형법 제8장(공무방해에 관한 죄) 또는 제314조(업무방해)에 해당하는 범죄 행위···90
2. 형법 제11장(무고의 죄)에 해당하는 범죄 행위 ··············································· 91
3. 형법 제2편제25장(상해와 폭행의 죄)에 해당하는 범죄 행위 ··························· 92
4. 형법 제2편제30장(협박의 죄)에 해당하는 범죄 행위 ······································· 93
5. 형법 제2편제33장(명예에 관한 죄)에 해당하는 범죄 행위 ······························ 94
6. 형법 제2편제42장(손괴의 죄)에 해당하는 범죄 행위 ······································· 96
7. 성폭력범죄의 처벌 등에 관한 특례법? 제2조제1항에 따른 성폭력범죄 행위 ·····97
8. 정보통신망 이용촉진 및 정보보호 등에 관한 법률? 제44조의7제1항에 따른 불법정보 유통 행위 ···························································································· 9 8
9 . 그 밖에 다른 법률에서 형사처벌 대상으로 규정한 범죄 행위 ··························· 100
10. 교원의 교육활동을 부당하게 간섭하거나 제한하는 행위로서 목적이 정당하지 아니한 민원을 반복적으로 제기하는 행위 ····························· 102
11. 교원의 교육활동을 부당하게 간섭하거나 제한하는 행위로서 법적 의무가 아닌 일을 지속적으로 강요하는 행위 ·········································· 103
12. 교육활동 중인 교원에게 성적 언동 등으로 성적 굴욕감 또는 혐오감을 느끼게 하는 행위 ··························································································· 1 0 4
13. 교원의 정당한 교육활동에 대해 반복적으로 부당하게 간섭하는 행위 ··············105
14. 교원의 정당한 생활지도에 불응하여 의도적으로 교육활동을 방해하는 행위····106
15. 교육활동 중인 교원의 영상화상음성 등을 촬영녹화녹음합성하여 무단으로 배포하는 행위 ················································································· 1 0 7
16. 그 밖에 학교장이 교육공무원법 제43조 제1항에 위반한다고 판단하는 행위·····108
Ⅵ 부록
1. 지역교권보호위원회 사안심의 회의 시나리오(예시)[분쟁조정 단계 제외] ············112
2 . 지역교권보호위원회 분쟁조정 회의 시나리오(예시) ············································ 117
3 . 지역교권보호위원회 운영 규정(안) ···································································· 1 2 0
4 . 각종 서식 ········································································································ 1 2 4
5 . 교육활동 보호 관련 법규 ················································································· 1 6 6
