교육기본권 관점에서의 헌법 개정 논의

Abstract

The purpose of this study is to initiate a Constitutional amendment about the Fundamental Rights to Eduction(hereinafter referred to as ‘FRE’) including the present article 31(Education). For this research purpose, this article analyzed the Constitutional and Educational law scholar’s theories, Constitutional Court precedents, foreign Constitutional examples, and the other Constitutional amendments. This article composed of six chapters; The problem situation, The history and characteristics of the education provisions of the Constitution(article 31), Theory and case analysis of the article 31, Comparison of the some foreign Constitutions and Constitutional amendments, Issues and problems in current regulations, and the conclusions. FRE means the basic human rights to education guaranteed by the Constitution. The FRE is characterized by the comprehensive fundamental rights As a conclusion, this article suggested the revised article 31(Education) from the viewpoint of FRE. The contents of FRE basically consisted of people’s freedom and right to learning, and supporter’s legal rights and authority. The former is described as Right to Learn(Framework Act on Education Article 3: Every citizen shall have a right to learn through life and to receive education according to his or her abilities and aptitudes), The latter means the Parties concerned in education(Guardians, School Teachers and Teachers' Organizations, Founders and Managers of Schools, State and Local Governments) except Learners. Lastly, this article suggested Constitutional amendments of the Article 31(from first to sixth clause). All citizen have a freedom and right to learn through life according to his or her abilities and aptitudes. etc.