목 차
국문요약······················································································1
제1장강태경
서 론···························································································5
제1절 연구의 목적 및 필요성 ····································································7
제2절 연구의 내용······················································································8
제2장강태경
소년원 학생의 학습권·······························································11
제1절 소년원 교과교육 관련 선행연구 검토··············································13
1. 국내 선행연구 검토··············································································14
2. 해외 선행연구 검토··············································································16
제2절 규범적 근거 검토···········································································19
1. 국제규범······························································································20
2. 국내규범······························································································23
3. 소년원 학생 학습권 관련 국내 법령 등의 문제점··································31
제3절 소년원 학생 학습권 관련 외국 입법례············································32
1. 미국·····································································································32
2. 캐나다··································································································34
3. 유럽 연합·····························································································35
제4절 소결·······························································································37
viii소년원 학생의 학습권 보장을 위한 제도 개선 연구
제3장유진
소년원 학생 학습권 보장 현황··················································39
제1절 소년원학교 운영 현황····································································41
1. 소년원학교 교육과정 개관····································································41
2. 소년원학교 학생 현황 ·········································································42
3. 교원 인력 현황·····················································································46
제2절 소년원학교 교육과정 운영 현황······················································48
1. 교육과정 운영 현황··············································································48
2. 보통교과수업 운영 현황·······································································49
3. 기초학력교육 현황···············································································51
제3절 소결 – 개선 필요 사항 진단····························································52
1. 소년원학교 특성에 맞는 교육과정 미비················································52
2. 교사 인력 부족·····················································································55
3. 교육부･교육청과의 협력 체계 미흡······················································58
제4장강태경·유진
소년원 학생 학습권 보장을 위한 제도 개선 방안·····················61
제1절 정책 환경 분석···············································································63
제2절 관계 법령 개정안···········································································66
제3절 제도 개선 방안···············································································69
1. 교사 인력 확충 및 전문성 활용·····························································69
2. 기초학력교육 운영 개선·······································································75
참고문헌···················································································79
Abstract····················································································83
목차 ix
표 차례
[표 2-1-1] 국내 선행연구 ·································································································· 14
[표 2-1-2] 외국 선행연구 ·································································································· 17
[표 2-4-1] 소년사범 교육에 관한 국내외 법률 등 비교······················································ 38
[표 3-1-1] 소년원 교과교육과정 일일 수용인원(2023)······················································ 42
[표 3-1-2] 소년원학교 재학생 현황(2023. 11. 28. 기준) ··················································· 43
[표 3-1-3] 소년원학교 교사 현황(2023) ············································································ 46
[표 3-2-1] 송천중고등학교 수업시수 배정(2024) ······························································ 49
[표 4-1-1] 소년원생 학습권 보장을 둘러싼 정책 환경 분석··············································· 63
[표 4-2-1] 초･중등교육법 신･구조문 대비표···································································· 66
[표 4-2-2] 보호소년 등의 처우에 관한 법률 신･구조문 대비표········································· 68

국문요약
▢ 연구필요성 및 연구목적
○ 연구필요성
 소년원학교 학생의 학습권은 ‘유엔아동권리협약’ 및 ‘대한민국 헌법’에 의해
인정되는 근본적인 권리
 소년원학교 학생의 학습권 보장에 필요한 의무교육 제공에 역부족인 소년원학
교의 교육 여건 개선 필요
○ 연구목적
 소년원학교 학생 학습권 보장을 위해 필요한 인적･물적 자원 확충과 관계
부처 및 기관의 실질적 협력을 목표로 하는 제도 개선 방안 제시
▢ 연구방법
○ (문헌연구) 소년원학교 학생 학습권 관련 선행연구 및 규범적 근거 검토
 국내외 선행연구 검토
 ‘유엔아동권리협약’, ‘교육기본법’, ‘초･중등교육법’, ‘소년법’, ‘보호소년 등의
처우에 관한 법률’ 등 국내외 규범 검토
 미국 및 캐나다 입법례 검토
○ (심층면담) 소년원학교 교사 및 직원, 법무부 소년보호과 소속 공무원 대상 심층 면담
 소년원학교 교과교육 운영 현황 검토
 소년원학교 교과교육 내실화 추진 과정에서의 애로점 파악
 소년원학교 교과교육 내실화를 위해 필요한 제도적･물적･인적 자원 검토
2 소년원 학생의 학습권 보장을 위한 제도 개선 연구
▢ 주요 연구내용
○ 소년원학교 학생 학습권에 관한 정책 환경 분석 결과
강점 : Strength
약점 : Weakness
￭ 소년원학교 교과교육 담당 전문경력관 임
용으로 교과교육 역량 강화
￭ 소년원학교 교과교육 담당 전문경력관의
교사로서의 높은 소명의식
￭ 법무부, 제2차 소년비행예방 기본계획 중
‘소년원생 기초학력 강화를 위한 다기관 협
력체계 구축’ 정책과제 포함
￭ 소년원학교 교과교육 지원에 관해
소년사법 관계 법령과 교육 관계 법령 간
큰 간극
￭ 소년원학교 교과교육 담당 전문교원 인력
및 교과교육 예산 부족
￭ 소년원학교 교과교육에 대한 소년원생의
낮은 의욕 및 만족도
기회 : Opportunity
위험 : Threat
￭ 21대 국회, 소년원생 학습권 보장을 위한
보호소년법 개정안 발의
￭ 교육부, 제1차 기초학력 보장 종합계획 중
‘소년원생 기초학력 보장’ 방안 포함
￭ 소년보호혁신위원회, 소년보호시설 학교
교육 정상화 방안 마련 권고
▢ 정책 제언
○ 소년사법 및 교육 관계 법령 개정안
￭ 전적학교, 소년원학교 학생 학적 관리 및
복적 등에 비협조
￭ 교육부, 소년원학교 교과교육을 소관 업무
로 인식하고 지원하는 데 소극
￭ 관계 부처 및 기관, 소년원학교 교과교육
강화를 위한 인적･ 물적 자원 확충에 소극
￭ 최근 불거진 소년 강력범 등에 대한 보도 등
으로 보호소년에 대한 사회 일반의 부정적
인식 확대
 ‘초･중등교육법’에 소년원학교의 법적 지위, 보호소년 등의 교육에 관한 규정
등 신설
 ‘보호소년 등의 처우에 관한 법률’에 소년원학교 교과교육 보장 원칙, 소년원
학교 교육정책협의회 및 실무협의회 설치에 관한 규정 등 신설
국문요약 3
○ 교사 인력 확충 및 전문성 활용
 각 소년원학교의 과목별 전담 교사 확보 가능한 수준으로 전문경력관 교사
추가 채용하여 교과교육 내실화
 수용보호 관련 업무와 교과교육 업무 분리 및 교원 직무연수 제공을 통해
전문경력관 교사의 전문성 제고 및 활용
○ 기초학력교육 운영 개선
 기초학력 학습지원 대상학생 선정 방법의 개선 및 정확한 평가방법 개발을
통해 기초학력교육 효과성 평가
 소규모 학습지원교육반 편성함으로써 개별 학생의 학습지원 필요 파악 및
맞춤형 교육 제공