교육제도법정주의의 헌법적의미와 성격(기능) -헌법제31조 제4항과 동조 제6항에 관한 헌법재판소결정의 논증구조와 문제점 -

Abstract

So far constitutional court have issued many decisions on education cases and stated ‘Codification of Education System.’ But it shows case by case giving interpretation of Constitutional Article 31 Clause 4 and Article 31 Clause 6 which are constitutional grounds of this system. That is, it interprets each case expands the discretion of legislators by separating the same provisions and judge them to be fundamental rights restriction or legal reservation of fundamental right formation. Different decisions from constitutional court on the same case was enough to raise concerns and distrust of constitutional court which is the top of decision judiciary structure. Considering its law-making background and textual position, Article 31 Clause 4 and Clause 6 should need systematic interpreting. In overall perspective of form of constitutional regulation and the necessity of fundamental rights materialize, legal reservation attached to the same provisions is definitely legal reservation of fundamental right formation. Therefore, in the future, constitutional court should take a consistent stand on dealing with educational cases with these points mentioned above. Based on foregoing arguments, it is to take responsibilities of opening new horizons as well as restoring its trust as the machinery of law. Based on foregoing arguments, it is to take responsibilities of opening new horizons as well as restoring its trust as Judicial institutions.