한국과 일본 판례 분석을 통한 교과서 검정제도의 합헌성 분석

Abstract

This study scrutinizes whether textbooks authorization is contrary to the spirit of the constitution through the previous precedents. By studying both Korean and Japanese precedents, there are three different violation aspects that can be discussed. First, it is violation of educational freedom, Korean Constitutional Court judges that government has the responsibility and duty for public education in any forms, and the degree of government involvement in education sector is inevitable. Therefore authorization of textbooks is not against the constitution. On the other hand, Japanese Constitutional Court partly agree with excess of administrative power. Second, it is violation of academic freedom, both Korean and Japanese Constitutional Court judge that there are difference between academic freedom and freedom of announcement of research result. Academic freedom cannot be overriden to spread one's research result to students without any pre censorship. Third, it is violation of press freedom, Korean Constitutional Court judges that textbook authorization can be regarded as a patent to select suitable textbooks that fit for educational goals and purposes among a large number of books. It does not basically block the publication of books which only do not fit for educational goals and purposes. Therefore it cannot be seen violation of press freedom. Japanese Constitutional Court also takes a similar stand on this matter, but it strictly restricts textbook form rather than textbook content-suitability.