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학교에서의 휴대폰 금지 관련 영국 현황

Author
주영한국교육원
Date
18:02 16 Jul 2009
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7559
○ 전반적 현황
- 국가나 지방정부 차원에서 학교 내 휴대폰 소지를 원천적으로 금지하는 법률이나 조례는 없는 것으로 파악하고 있음. 다만 학교별로 그러한 규정을 만들어 시행할 수 있는 법률적 근거는 있음 (아래 내용 참조)
- 일부 학교에서 휴대폰을 가져오지 못하도록 생활규정을 만들어 지도하거나 등교시 리셉션에 휴대폰을 보관하도록 하는 경우는 있으나 일부 학생과 학부모들의 반대로 완벽하게 시행하기에 어려움을 겪는 경우도 있다고 보임
- 교원단체를 중심으로 학교에서의 휴대폰 소지를 금지시키자는 주장을 펴고 있으며 교사들은 대부분 이에 찬성하고 있음. 이는 주로 휴대폰이 교사 대상 사이버 괴롭힘(cyberbullying)의 수단으로 악용되고 있는 것을 방지해야 한다는 관점에서 이루어지고 있음 (아래 관련 기사 참조)
- 전반적인 여론은 학교에서의 휴대폰 소지 혹은 사용을 금지(제한)하는 것에 찬성하고 있다고 판단됨 (아래 The Times 독자 의견란 참조)

○ 휴대폰 금지 및 제한 관련 DCSF의 지침(규정) 근거
- DCSF의 학교 훈육 및 학생 행동 지도 규정 ‘School Discipline and Pupil Behaviour Policies’ 전문 보기
http://www.teachernet.gov.uk/_doc/11321/SCHOOL%20DISCIPLINE%20AND%20PUPIL%20BEHAVIOUR%20POLICIES%20GUIDANCE1.pdf

- 동 규정 2.3.6항에서 휴대폰 금지, 사용제한을 할 수 있다고 명시되어 있으며, 결정은 학교가 하도록 되어 있음. 금지 및 사용제한을 할 경우 학교는 이를 학부모에게 철저히 공지해야 함

- 규정 내 관련 조항 전문
2.3.6 It is for schools to decide if they wish to ban or restrict the use of mobile phones or certain internet sites during school hours. It is open for schools to include in their behaviour/anti-bullying policies measures to restrict the use of mobile phones and websites, and strong sanctions for their misuse. Cyberbullying should be taken very seriously and schools should take such action as they consider appropriate to prevent it. However, it is important that such rules are well publicised and that parents are aware of such measures (parents may currently contact their child via mobile to arrange suitable after-school collection times, for example, and need to know if phones will be required to be switched off during school hours), and that the school takes into account other implications as discussed in paragraph 1.2.4.

(번역) 교내에서 휴대폰이나 특정 인터넷 사이트의 사용을 제한/금지할 것인지의 여부는 학교가 결정할 사항이다. 휴대폰 및 인터넷 사이트 제한(금지) 정책 및 위반시의 제제 방법은 학교의 행동규정이나 괴롭힘 방지 규정에 포함하여 시행할 수 있을 것이다. 사이버 괴롭힘은 심각하게 간주되어야 하고 학교는 이를 방지할 적절한 대책을 추진하여야 한다. 그러나 그러한 규정은 잘 공표되고 학부모들이 그러한 조치를 충분히 인지할 수 있도록 해야 하며(학부모들은 하교시 자녀들을 만나기 위해 휴대폰을 통하여 약속을 하는 경우가 많아서 학교 내에서 휴대폰이 꺼져 있을 것이라는 사실을 알고 있어야 하기 때문이다), 1.2.4항에 나온 것과 같은 다른 사항들에 대해서도 학교는 고려해야 한다.

http://www.teachernet.gov.uk/wholeschool/behaviour/tacklingbullying/cyberbullying/preventingcyberbullying/updatingpolsandpracs/

○ 학생 소지품 압수에 관한 법률적 근거
- 특별히 휴대폰을 명시하지는 않았으나 징계(disciplinary penalty)의 일환으로 소지품을 압수할 수 있는 근거 조항은 있음.
- 법률명 : Education and Inspections Act 2006
http://www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060040_en.pdf

- 법률 내 관련 조항

94. Defence where confiscation lawful
(1) This section applies where, as a disciplinary penalty—
(a) an item which a pupil has with him or in his possessions is seized, and
(b) the item is retained for any period or is disposed of.

(2) A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—
(a) the seizure, retention or disposal (as the case may be), or
(b) any damage or loss which arises in consequence of it, if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).

(3) Nothing in this section applies where an item is seized under section 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).
(4) This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.

(번역) 합법적인 압수에 대한 변호
(1) 본 조항은 생활지도상의 처벌의 하나로서 다음의 경우에 대하여 적용된다
(a) 학생이 소지한 물건을 압수하였거나
(b) 특정기간 동안 보관하거나 처분한 경우
(2) 해당 물건을 압수, 보관, 처분한 사람은 다음 각 항에 관하여 어떠한 법률적 소송절차도 당하지 않는다
(a) 압수, 보관, 처분 행위
(b) 합법적인 압수, 보관, 처분의 과정에서 발생되는 어떠한 손상이나 분실 (합법성의 기준은 본 법률 91조에서 정한 바와 같다). 이하 번역 생략


○ 학생 소지품 압수에 관한 DCSF의 규정 근거 조항
- ‘School Discipline and Pupil Behaviour Policies’ 규정 내 휴대폰 압수 관련 내용 : 압수는 적법(legitimate)하나 휴대폰 사용내역 혹은 문자메시지 등을 학생의 동의 없이 검색하는 것은 불법적이라고 되어 있음

3.8.6 Schools should also note that, while confiscation of a mobile phone is legitimate, searching through a phone or accessing text messages without the pupil’s permission is not. In some circumstances it may be reasonable for a member of staff to ask a pupil to reveal a message for the purpose of establishing whether cyberbullying has occurred, for instance, but if the pupil refuses then the member of staff should not enforce the instruction. The staff member can, however, legitimately issue a disciplinary penalty for failure to follow a reasonable instruction.

(번역) 3.8.6 휴대폰의 압수는 합법적이지만 학생의 동의 없이 전화나 문자메시지를 수색하는 것은 그렇지 않음을 학교당국은 유의해야 한다. 어떤 경우에 있어 교직원이 학생에게 예를 들어 사이버 괴롭힘이 벌어졌는지 확인하기 위하여 특정 메시지를 보여줄 것을 요구할 수는 있겠지만 만일 학생이 그러한 지시를 거부할 경우 학교는 이것을 강제할 수는 없다. 하지만 그러한 합리적인 지시를 따르지 않은 행위에 대하여 학생을 합법적으로 처벌할 수는 있다.

※ 참고자료 (번역 생략)
○ 관련 신문기사
The Evening Standard 기사 (25.03.08 )
Teachers call for ban on mobiles to curb bullying
http://www.thisislondon.co.uk/standard/article-23463728-details/Teachers+call+for+ban+on+mobiles+to+curb+bullying/article.do

Mobile phones brought into schools by children should be treated as "potentially offensive weapons" and banned from being used in the classroom, teachers said today.
Many schools have bowed to parental pressure for children to keep their mobiles on them in case of an emergency, despite mounting concern some pupils use them in class.
But the NASUWT teachers' union was today expected to demand that pupils be forced to hand them over to staff at the start of the day, for collection when they go home, even if that left parents infuriated.
The union believes drastic action is necessary to combat the "significant and growing" menace of " cyberbullying" of teachers by pupils.
Teachers are particularly concerned that footage taken on mobile phone cameras of teachers in class is being posted on websites such as Bebo by their pupils.
Graham Cluer, the NASUWT's national executive member for Croydon, said: "It can be really, really distressing for someone who finds themselves in this situation as there are so many ways it can happen."
In some cases, videos have surfaced on sites such as YouTube of teachers being verbally, even physically, abused by children, he said.
At one school, which the union refused to name, the NASUWT went as far as balloting members over industrial action because governors overturned the head's decision to expel a pupil who "bullied a teacher via email and internet".
The NASUWT wants ministers to agree to a change in the law to make it much more difficult to show footage of teachers being abused by their pupils, by imposing heavy fines on websites for allowing offensive clips.
The Government has so far refused but the NASUWT has vowed to maintain the campaign, after an online survey to gauge the problem sparked almost 100 responses in just five days.
Last year, the Government gave teachers the power to discipline their pupils offsite, as well as on the premises, if their actions threatened the school ' s reputat ion. The NASUWT's annual report for 2008 made clear the union's view that this power also applied in cyberspace.

○ 관련 사항에 관한 의견 모음 (독자의견)
From Times Online April 11, 2006
Should mobile phones be banned from schools?
http://www.timesonline.co.uk/tol/comment/article704246.ece

Pupils are using their mobile phones to "bully" teachers, by secretly recording and filming them and sending the results to other phones or posting them on the internet. The Association of Teachers and Lecturers has called for more power from the Government to help deal with the problem. Why are mobile phones necessary in schools - should pupils be banned from using them? Read the article and send us your view using the form below. Your replies will be posted here

Why not go one stage further and ban the wretched things altogether? Life was far more pleasant before we had to put up with the cacophony they create, the lunatic driving they foster, and the fact that their users tend to walk around in random directions blithely unaware of anything other than the little flashing instrument in their hands. Mike Bent, Oviedo, Spain

Little brother is watching you. We happily put CCTV cameras in shopping centres, towns, and football grounds. Then, when the kids image teachers with their mobile phones, suddenly we get all these squeals. It's the 21st century. Children expect to be able to contact each other on moblies, just as adults do. Obviously if a phone rings in class it should be confiscated, but the things have "off" buttons. It isn't realistic to ban them, so we need a different social attitude to being caught on camera. Malcolm Arthur, Bradford

They should be banned whilst the pupils are in school but given this crazy country someone will jump up and down screaming about "human rights" and demand a hefty compensation claim. Carole Tyrrell, London

As a former teacher I can see no need for mobile phones in school. Some pupils seem to think that talking on a mobile during lessons is necessary and not disruptive in any way, let alone bad-mannered. Hours of teacher time is wasted when phones are stolen from pupils. No one would deny a pupil the use of a phone in an emergency; after all we do care about the wellbeing of the students that we teach. Jeannie Rowe, Ealing
Mobile phones are not needed by 99 per cent of the "adults" who use them, never mind a bunch of brain-dead kids. Of course they should be banned from schools along with politically correct "child-centred" educational methods which have led to the mayhem that masquerades as an education these days. Derek Sinclair, Dundee

My daughter's school has a clear, fair and enforceable policy on mobiles. None allowed in school and confiscated if found. Parents agree to this as they do to the uniform policy. This avoids all of the issues discussed in the article as well as ensuring the safety of pupils who can't then be mugged in the streets for their phone. There's no logical argument for having it any other way. Carey Gunn, London

I am at a total loss to understand why any pupil actually needs a mobile phone in school. A mobile phone is not a necessity for life, a good education is. Blocking technology is not enough; mobiles should be switched off on school premises, just as they are supposed to be on aircraft, and misuse should justify automatic confiscation until the end of the day. And we wonder why children today show no respect... Brian Naylor, Farnham

A mobile phone has its advantages and usefulness and its use cannot be banned. However, there is no reason why students cannot be asked to switch off their phones during school hours. They could be allowed to switch them on again at going home time. At work, employees are expected to switch off their phones during meetings so why can't children be prepared for life after school. Vinay Mehra, Purley

Pupils have no need for mobile phones in school. I refuse to believe that there exists a school without a telephone. I never needed one and I was constantly involved in extra-curricular activities; if there was a problem then I would either use the phone box on site, or ask to use a department phone. Failing that, there was a phone box just off site. I bought my first phone when I was 17 as I had started driving I didn't like it but I felt that it then became a necessity. As for this problem of mobile bullying, I do not believe there is one. Children have always bullied other children and teachers. Surely a teacher does not enter the profession thinking that they are somehow safe from taunting and practical jokes? The use of mobiles to bully is simply the world we live in. People should grow up and stop complaining about petty issues - I detest bullying but if a teacher feels they cannot take taunts from children then they really should not be in the job. T French, Haytor

When a child enter school, they are under the protection of the teachers and easily contactable through the school administration office should any problem occur. Mobile phones should be handed in during registration and retrieved at the end of the day. Why is there even any debate about this? Keith Downer, London

I think it's terrible that some children have found new ways to bully teachers by the use of cell phones. Phones should be banned from the schools do to their disruptive nature to begin with, but for bullying tactics most definitely! In most of the US, cell phones are not allowed to be seen or heard at all. If a teacher sees one or hears one, the teacher confiscates it and the student can pick it up the next day in the principals office. You can't stop children from taking cell phones to school, but you can put severe restrictions on them. If the student makes a habit of it, then they are suspended. Robin Castellanos, San Antonio, TX, USA

Of course children should be banned from having mobile phones in school. There is something distinctly pathetic in children being so unable to cope with life that they must have 24-hour access to their friends for support. It's beyond me why they need mobiles at all but, given that parents seem too weak to say "no" to their brats, all children should be required to surrender their mobiles to a member of staff on arrival at the school gate, and given them back when they leave the premises at the end of the day. Children should be subject to random and unannounced searches and any mobiles found should be publicly smashed using a large mallet displayed prominently for the purpose. Bob Finbow, Haverhill