의무교육의 재정 부담과 교육재정법률주의 -서울특별시와 정부 간의 권한쟁의 결정례를 중심으로-

Abstract

Article 31, Clause 1 of the Constitution guarantees the people's right to education, as a means of doing so, the Constitution imposes compulsory education on the country in Clause 2 and free education in Clause 3. On the other hand, considering the local educational autonomy of paragraph 4 and Article 117, paragraph 1, the education system is a national responsibility, and the cooperation of local governments is indispensable. The essence of local educational autonomy is the problem of allocating authority and responsibility between the national government and local governments. However, due to lack of consideration of the functions and characteristics of compulsory education and the principle of free education, the Constitutional Court has made no mention of the essence of local educational autonomy. Now that high school education has been converted to compulsory and free education, there is an even greater need for a substantive review. This research examines the position of the Constitutional Court after investigating the educational right, compulsory education, free education, and the institutional origins of the educational finance tribunal principle. Since then, compulsory education expenses are subject to complex constitutional and administrative legal issues, and introduced the need for social debate on the principle of educational financial burden and the scope of compulsory education.