유아교육법과 영유아보육법의 법 원리에 의한 비교

Abstract

The ultimate purpose of law is realization of justice. It should be specific in contents and its methodological principle is equity. Equity is essence of justice and universality is form of justice. Accordingly both laws should aim realization of justice and its contents should be guarantee for equality for educational opportunity. And it is to realize equity, suitability to purpose, public ideal, rationality, stability and efficiency for accomplishing essence of education which is ‘process of formation of humans’ for self realization of each individual for their pursuit of happiness.’ This treatise is prepared by the author on the basis of studying literature related to Law on Education of Infants(inclusive of its executive ordinance and executive rules) and Law on Childcare of Infants and Early childhood(inclusive of its executive ordinance and executive rules) and related research materials. The purpose of this treatise is to compare contents of both laws to examine whether or not they are reflecting legal principles and purpose sufficiently and also to identify tasks required for integration of both laws and to propose measures for such integration. Six principles guided the process of comparison and analyses, namely ① equity ② suitability to law ③ public interest ④ rationality ⑤ safety and ⑥ efficiency. The results are as follows：whether or not the laws were interpreted broadly or narrowly, they were both found to be weak in principle.