의무교육의 무상성

Abstract

The Korean Constitution stipulates the free compulsory education, saying "The compulsory education is done without charge" in the provision of Article 31, Paragraph 3. This study is, first of all, to examine the theories and cases of Korea, Japan, and U.S. in the scopes of gratuitous compulsory education. And then to show the legislative limitations of freeness of compulsory education in Korean from early constitution to the present one. Third, this is to consider the conditions of substantial public education for the free education and the right for the proper education, such as improvement of educational environment, linking to preschool education, relationship between national․public schools and private schools, more investment for the retard or handicapped children, etc. Finally, this study aims to show the necessities and suggestions of new alternative proposals for the compulsory education, like the right not to attend school or home education, which are opposite to the free compulsory education, on the basis of the judicial decision of Yoder's case of Supreme Court in U.S.(Wisconsin v. Yoder, 406 U.S. 205).