헌법상 교육기본권과 학부모의 학교선택권 -학교평준화제도의 위헌성-

Abstract

With almost of countries, the costly tuition fees and educational condition and its contents, which private schools have provided for a long time, give highly implications of 'private thing for education' on the terms of meaning that the quality and contents of the private school's education would be higher and better than that of public schools. In United States of America and United Kingdom and Japan etc, the learning right and liberty of education for parents and students have been deregulated in order to make guarantee for the choice right for their school due to the social deregulation policies since 1980s. In particular, English parents have fully enjoyed for their choice right of public school among public high schools since 1980s, and this shall guarantee in the privacy of education, has qualified a high quality of school so far. in Japan, the choice right among public high schools partly has gradually enacted since 1990s. in america parent's right of choice for the Charter Schools has been enacted since 1980s. As Standardization policy of public school including a private school, however, that the undifferentiated educational bureaucracy has been governed for forty years only criteria of his or her current address point, parents and student's right of choice among public schools have taken infringement by administrative action since 1970s so far. As though two unconstitutional litigations on the legislature of school-evenness were been raised to the Constituional Court in 1991 and 2005, the Court overruled all respective cases due to interpretation for educational right as abstract right which allowed for the legislature a broad legislative discretion again. However I would examine the application of 'Less restrictive Alternative rule' that can apply for the intermediate scrutiny on the school-evenness institution.