한국에서의 교육기본권 논쟁

Abstract

Today I touch the content of 'discussion on educational fundamental human rights in Constitution of Republic of Korea in comparison to those in the Constitution of Japan'. Specially here do I deal with matters like these : Above all I treat relations of the parties concerned in educational laws and resources of educational laws as preliminary matters for touching theories and cases of educational law. Specially here do I explain that the Resources are composed with Our Constitution and Educational Fundamental Law as norms of higher ranks and other laws related to education as norms of lower rank, for example, the Elementary and Secondary Educational Law and Higher Educational Law and academic theories and cases of our Constitutional Court as resources of unwritten laws. Continually I discuss meaning of Articles related to education in the Constitution in the viewpoint of educational fundamental rights and duties, for example, pupils' rights to learn, parents' educational rights and those of teachers. Also here do I compare articles related to the educational rights and the duties in our Constitution with those of Japan Constitution. Specially I study the questions what are articles related to education that are in the our Constitution, but not in Japan Constitution and what are the opposite of the case. Perhaps I think that if there are gaps in discussions between korean academic circles and Japanese circles, it is because of gaps of korean and japanese constitutions.