<Abstract>

The Political Rights of Teachers

This essay discussed the political rights of teachers from the aspects of constitutional law and reality in Korea. The political rights of teachers have been restricted widely on the theories of special administrative relationships (“besonderes Gewaltverhältnis”, in German), ‘servants of the entire people’, immaturity of students, etc. But those arguments have no basis of Korean Constitutional Law. Nevertheless the laws concerning with officials and teachers have prescribed their comprehensive duties and prohibited their political activities. So I asserted the provisions of the laws are unconstitutional. And I suggested teachers have the political rights, for example, to express their political belief, to join the political party, to work on a political campaign, etc., unless they force students to accept their opinions by using their authority. Beyond that, I suggested teachers have the rights of participation in school politics through the school teachers council. I think it is a necessary condition for the education of the public citizen, by the public citizen, and for the public citizen.

Key Words: Teacher, Political Rights, Special Administrative Relationships, Democratic Citizen, School Politics, Teachers Council