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A Comparative Study on the Limitations of Corporal Punishment

  • DONG-A LAW REVIEW
  • 2011, (52), pp.189-218
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jong Geun Lee 1

1동아대학교

Accredited

ABSTRACT

These days, in Korea, there has been a chain of acrimonious dispute over corporal punishment in school educational system. The Korean government claims that corporal punishment can be inflicted on the boatrocker in the class to protect the others' rights for learning, but others, including some provincial office of educations oppose desperately. Under this circumstances, we need to analyse the world's legislation trends to take right direction of regulations of physical punishment from a comparative legal point of view. In most countries, light corporal punishment is permitted as a way of disciplining and correcting a child. It is less acceptable as a means of discipline in schools than in the home. As to the educational system, many states have shown a readiness to ban corporal punishment, although they have not taken the same attitude towards parental corporal punishment. This unwillingness to accept physical punishment in schools breaches the traditional delegation of authority from parents to teachers, that is, the common law doctrine of in loco parentis. If the argument in favor of mild corporal punishment as an effective way of educating in the family sphere is true, it is also open to question why mild corporal punishment should be prohibited in the educational system. But this distinction is made in many countries, and there may be good reasons for it. This paper presents a comparative view of how the world's legal systems treat corporal punishment meted by both parents and teachers, discussing the differences between parental corporal punishment and corporal punishment done by a teacher. It also deals with arguments both in favor of and against corporal punishment from the perspective of human rights and dignity versus the practical perspective of the need to educate and correct the child. In conclusion, the perception of this paper holds that corporal punishment should be permitted for teachers in the limited scope in a particular manner under the doctrine of in loco parentis as well as for parents.

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