사립중학교 의무교육 경비중 법인 법정부담금의 최종 부담주체와 사학재정결함보조금의 의무교육경비 대체가능성 검토 -서울행정법원 등의 지원금 교부 청구 사건을 중심으로-

Abstract

This thesis analyzed cases of subsidies for legal shares of private juristic persons. It studied content of the cases and compared arguments, issues of the parties anddecisions of the courts. And I studied differences of interpretations of litigants on persons who burdenexpenses for free compulsory education, and I expressed my opinions about them. Issuesof these cases are those : Are shares of retirement pension and health insurances fallunder expenses of compulsory education? Are Art. 37 Local Edcation Autonomy Actdirect legal ground of rights to recourse the expenses from the Government andself-governments?The plaintiffs and Seoul Administrative Court agree these points, but defendants andSeoul high court disagree them. So the plaintiffs appealed to the Supreme Court now. I think that the high court ignored the differences between the expenses ofcompulsory education and the subsidies of deficiencies of private school finance, and itstrial is not sufficient. But I am not convinced that the plaintiffs will win the defendant under the Supremecourt. Ultimately I believe that the solution is to revise the regulations so that the privateschools can exercise the rights to provide the expenses of the education from theGovernment and self -governments.