This paper is written to analyze conceptual structure of teachers’ rights and cases of
their infringement. Relevant literatures on infringement of teachers’ rights were
investigated and people who were subject to teachers’ right infringement were
interviewed for the research purpose. The research result can be summarized as follows.
First of all, teachers’ rights are given rights and authorities to teachers. In the point of
law, rights given to teachers are rights to educate, rights of identity and rights of
property, and professional/moral authorities are socially‧ethically given.
Secondly, infringement of teachers’ rights appears broadly and diversively including
invasion of legally available rights and professional·moral authorities. Most of rights
infringements were violation of rights to educate and rights of identity. For the rights to
educate, many cases of infringement of right to teach were observed. Many infringement
cases of rights of identity/hold-position and identity action against intention were also
observed in terms of the rights of identity. There were lots of infringement cases
disregarding professional and moral authorities of teachers as well.
The last but not the least, teachers’ rights infringement was mostly made by students
and their parents, and there was an infringement case between teachers. Policy of
education or teaching staffs of the Education Ministry also provides a reason for
teachers’ right infringement. There were many types of the infringement such as verbal
violence like reproach/slander and physical threat like violence. Futhermore, criminal
prosecution was reported as a way of teachers’ right infringement.
It is necessary to legislate assertive/explicit protective measures like the additional
punishment against an act of teachers’ rights infringements which have a chance to
violate right for learning of students. In addition, it is required for teachers to prepare a
plan to save themselves in order to consolidate their professtional and moral authorities.