한⋅중⋅일의 교육을 받을 권리에 대한 비교 연구

Abstract

The people's right to receive education is a fundamental right that desperately needs its realization, both from the individual and national perspectives. However, despite the fact that the right to receive education is a premise for the realization of an individual's life as a human being, selection of a job, and knowledge as a democratic citizen. The interpretation and application of the right are different according to changes in the social environment of the country and the changing circumstances of the times. Therefore, the right to equal education stipulated in the current constitution and education laws requires new interpretation and establishment of policies according to changes in social structure and times in each country. For citizens, the right to education is a means by which each individual can develop his or her individuality in the realm of life, develop various abilities and qualifications necessary for vocational activities, and be equipped with qualities as a democratic citizen (a contributor to building socialism in China). It is an important means for the establishment of a social state through the realization of practical equality in the field of education and for the realization of a cultural state that the Constitution aims for. Therefore, it is required to establish and establish detailed and specific education policies and systems for each country to achieve the comprehensive and complex goals of both countries. In terms of the equal right to education under the constitutions of Korea, China, and Japan, the first thing to be realized is that the state should actively provide policy consideration so that the economically weak can receive a substantially equal level of education. In other words, it is necessary to prevent cases where equal education is not received due to regional concentration of educational facilities established by the state(especially in China, this problem is serious), and to secure stable education finances by region. Policies must be implemented to institutionally ensure that the economically underprivileged can receive practical equal education. It can be said that guaranteeing the right to equal education ultimately depends on the attitude of the state and local governments. In other words, it depends on how the state and local governments prepare and implement policies to minimize the gap in educational conditions, such as supply and demand of teachers between regions and securing educational finance, so that students can receive equal education. The state needs to consult with local governments in establishing and implementing policies to improve educational facilities and educational conditions in order to practically guarantee the right to receive equal education according to students' abilities. This is because the practical guarantee of students' right to receive equal education according to their abilities depends on how effectively they resolve the educational gap caused by the regional gap caused by the concentration of students. Therefore, the state and local governments need to make the best efforts for this.