국가의 교육ㆍ아동보호 정책과 부모의 자녀 양육ㆍ교육권에 관한 고찰

Abstract

Constitution of the Republic of Korea Article 31 (1) states 'All citizens have rights to receive equal education according to their merits', guaranteeing people's right to education. 'Rights to receive education' means the State's responsibility to prepare facilities and systems necessary for making such equal education possible and to formulate an affirmative policy of providing substantively equal education to the socially and economically weak. Item 6 of the same Article states that the basic matters about school education, life-time education, and all other educational institutions, the management and finance thereof, and the status of teachers shall be specified by statute, specifying the State's power and responsibility in school education. The above provision delegated to the State the operation of school education, and thereby granted comprehensive regulatory power over schools and the responsibility for children's school education. Namely, Korea government must keep the national education system to guarantee people rights for education. And government has the responsibility to help juveniles grow into the persons of sound character and pushes the policy to regulate the distribution of harmful media materials and drugs, etc. among juveniles and their access to harmful entertainment establishments, and protect and rescue them from the injurious environment including harmful acts such as the abuse of and violence against them. Eventually, the nation's responsibility to educate and help juveniles grow into the persons of sound character collides over the parents' right of education in children's nurturing and education. Meanwhile, Constitutional Court of Korea said "Parents' right of education in children's nurturing and education are to be respected in all areas of education. Nonetheless, in the area of school education, the State was granted by Article 31 of the Constitution an authority over education independent in principle from parents' right of education. The State shares with parents the responsibility for children's education in that area. Outside that area, parents' right of education take precedence over the State's. But court and government of Korea rejected the parents' right to select their children's school and the parent's right to decide what school or teacher educate in the area of school education. And the Juvenile Protection Committee makes a decision on its own regulation of distribution of media materials harmful to juveniles. Furthermore, any online game service providers must not provide for juvenile to play online game from 0 A.M. to 6 A.M.. for juvenile protection. This article raises an objection in juvenile protection policy and education policy that parents' right was not considered and duly weighed.