[정책연구 2012-04] 「학교체육진흥법」 하위 법령 제정 관련 연구(수탁)

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2023-07-31
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「학교체육진흥법」  하위법령 제정 관련 연구


연구책임자 : 이종영 (한국체육학회)



목 차

제1장 서론: 연구의 개요 ········································································ 1

1. 연구의 배경 및 목적 ·············································································· 3

2. 연구의 범위 및 방법 ·············································································· 5

가. 연구의 범위 ································································································· 5

나. 연구의 방법 ································································································· 7

3. 연구추진일정 ···························································································· 8

제2장 이론적 배경 ···················································································· 9

1. 학교체육진흥법안의 제정 의의와 주요 내용 ·································· 11

가. 스포츠교육권의 보장 ··············································································· 11

나. 학교체육의 정상화와 활성화를 위한 제도 확립 ······························· 13

2. 다른 법령과의 관계 ·············································································· 17

가. 헌법 ············································································································· 17

나. 교육기본법 ································································································· 18

다. 국민체육진흥법 ························································································· 18

라. 학교안전사고예방 및 보상에 관한 법률 ············································· 20

마. 학교건강검사규칙 ····················································································· 20

바. 고등학교 이하 각급학교 설립ㆍ운영 규정 ········································· 20

사. 기타 법령 ··································································································· 21

제3장 현황과 하위 법령 제정 근거 ··················································· 23

1. 학교스포츠클럽 운영 ············································································ 25

가. 현황과 문제점 ··························································································· 25

나. 주요국가 제도와 비교 ············································································· 34

다. 제정의 근거 및 고려 사항 ····································································· 45

2. 학교운동부 운영 및 지도자 ································································ 48

가. 현황과 문제점 ··························································································· 48

나. 주요국가 제도와 비교 ············································································· 55

다. 제정의 근거 및 고려 사항 ····································································· 67

3. 스포츠강사 제도의 운영 ······································································ 70

가. 현황과 문제점 ··························································································· 70

나. 주요국가 제도와 비교 ············································································· 77

다. 제정의 근거 및 고려 사항 ····································································· 79

4. 학교체육진흥위원회의 설치 ································································ 84

가. 현황과 문제점 ··························································································· 84

나. 주요국가 제도와 비교 ············································································· 85

다. 제정의 근거 및 고려 사항 ····································································· 85

5. 학교체육진흥원 설립 ·········································································· 102

가. 현황과 문제점 ························································································· 102

나. 주요국가 제도와 비교 ··········································································· 113

다. 제정의 근거 및 고려 사항 ··································································· 114

6. 체육활동기반 시설 및 기자재 등의 확충 ······································ 124

가. 현황과 문제점 ························································································· 124

나. 주요국가 제도와 비교 ··········································································· 128

다. 제정의 근거 및 고려 사항 ··································································· 131

7. 학생건강체력평가 및 건강체력교실 ················································ 137

가. 현황과 문제점 ························································································· 137

나. 주요국가 제도와 비교 ··········································································· 155

다. 제정의 근거 및 고려 사항 ··································································· 156

제4장 하위 법령 시안 개발 ······························································· 165

1. 시행령 및 시행규칙 제정 기본 방향 ·············································· 167

가. 체육교육과정 운영충실 ········································································· 167

나. 학생선수의 최저학력 및 학습권 보장, 인권보장 ··························· 167

다. 운동부지도자 및 스포츠강사의 권리보장과 자질향상 ·························· 168

라. 학교체육진흥위원회의 합리적인 구성과 운영 ································· 170

마. 학교체육진흥원의 구성과 운영방안 ··················································· 171

2. 시행령 및 시행규칙 시안 ·································································· 171

가. 총칙 규정 ································································································· 171

나. 스포츠클럽의 운영 ················································································· 173

다. 학교운동부 지도자의 자격기준, 임용 등 ········································· 176

라. 스포츠강사 ······························································································· 179

마. 유아 및 장애학생 체육활동 프로그램의 운영수탁단체 ················· 180

바. 학교체육진흥중앙위원회 ······································································· 181

사. 학교체육진흥원 ······················································································· 184

아. 체육활동기반 시설 및 기자재 ····························································· 188

자. 학생건강체력평가 및 건강체력교실 ··················································· 190

차. 학교운동부의 운영 ················································································· 192

3. 하위 법령 시행령 제정안 ·································································· 195

가. 시행령 ······································································································· 195

나. 시행규칙 ··································································································· 202

다. 학교체육진흥법 3단 비교표 ································································ 205

제5장 결론 ····························································································· 235

1. 요약 ········································································································ 237

2. 제언 ········································································································ 240

참고문헌 ································································································· 241


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