교육을 받을 권리에 대한 헌법적 고찰- 헌법재판소 판례분석을 중심으로- = The Constitutional Review on the Right to Education through the Analysis of Constitutional Cases

다국어 초록 (Multilingual Abstract)

This study examined the Constitutional cases related to Article 31 Clause 1, The right to receive education. While the Korean Constitutional Court has made important decisions related to the right for education since its opening, there have not been many research to analyze the cases. Specifically, the recent decisions such as the equalization policy at high school entrance which provoked the issue of the right to choose the schools has not been analyzed systematically. As the issues related to education are persistent and debatable, the analysis on the cases related to educational rights can contribute to constitutional responses to new problems related to education and development of constitutional theory on the right for education. This study focused on cases related the Article 31 Clause 1 and cases related to other clauses of the same article(Article 31 clause 2, 3, 4, 6 about compulsory education, independence of education etc.) will be reviewed in following studies. This study mainly reviewed cases on educational rights to public school systems. Based on the result of cases review it was possible to suggest the importance of clarification of the educational rights. The nature of right to choose school of parents for their children as a fundamental right, the nature of fundamental rights of parents to educate their children and the constitutional basis for the parents’ right should be more clarified. Clarification on the nature of fundamental rights related to education can enhance the predictability of the cases in the future For this, more systematic approach and studies on the educational rights and the function of education are needed by researchers in constitutional law.