교육받을 권리의 보장을 위한 교육제도 정비·개선의 법적 기준 : 충훈고 사례를 중심으로

Abstract

A lot of parents filed a suit against the superintendent who made their children attend a school, so called Chunghun High School, whose buildings were yet on the construction until the anticipated date of opening. The parents alleged that the Constitutional rights to education of their children would be infringed because the condition for education was so bad. In this case, the court determined that the opening of unfinished school would violate the right to education guaranteed by the Constitution. This article analyzed the reasoning of the court on the subject of the government's obligation on the educational condition and environment. The conclusions are as follows below. First, the educational condition involves school's facilities and equipments, the quality of environmental surroundings, and the convenience in light of access to school. If a opportunity of education is given students, the educational rights could be impaired when the school facilities is not adequate for teaching and learning. Second, the established legal standard on the facilities is not to the optimal level, rather to the minimum level. A school without cafe and computer labs on the state of normal operation would deprive students of Constitutional rights to education. Third, in some circumstances the environment out of school would result in abridging students' rights to education. But the negative surroundings of school have to run afoul of School Sanitation Act. Finally, the condition of attending a school never such difficult materially and essentially as to prohibit students form attending school.