사립학교법과 학교법인의 법적 성격

Abstract

It is important to study the legal character of Private school act in the formal sense and school juristic persons because they can provide clues to settle many of the legal disputes surrounding private schools. Private school act can be assessed as public law for following reasons. First of all, private schools belong to school education system in that they are forms of school. Second, school education system implies that all people have rights to receive education. Third, Private school act regulates unequal legal relationships between public authority and school juristic persons for public interests. It is controversial whether school juristic persons should be regarded as public or private juristic persons. The Supreme Court and the Constitutional Court consider them as private ones. But it is normatively proper that the state and school juristic person make a administrative contract for public service of education and school juristic person is private juristic person with patent right of public service of education consigned by that contract. Just as national school and public school students are in relation with making use of public service of education the state and local government present. so private school students are essentially in the same relation with private juristic person.