인권센터 설치 의무화의 정당성 여부에 관한 연구: 고등교육법 일부개정법률안을 중심으로

Abstract

The 21st legislative bill in 2020 made the establishment of human rights centers in universities mandatory as a major issue. And as of November, the Board of Education has received and is undergoing evaluation. In common with the bill, "University ... establish a center to protect the human rights of members and improve their rights.". We provide counseling, investigation, relief and human rights education for human rights violations and violations targeting equal rights that all members such as learners, teachers, and employees receiving higher education at quarantine universities with publicity, and there are various discriminations. It is the establishment of a Human rights center for the purpose of integrating the functions of municipal administration and embodying the dignity and values ​​​​to embody individual functions. However, it is questionable what the constitutional legitimacy of the revised law mandates the establishment of university human rights centers that “the human rights center must be installed and operated”. With the creation of these regulations, the purpose of protecting human rights may seem justifiable. However, since it does not conform to the suitability of the means, the minimum of infringement, and the balance of legal interests, it violates the principle of excessive prohibition in Article 37 (2) of the Constitution of the republic of the Korea. As a result, it cannot be overlooked that there is room to infringe on the autonomy of universities guaranteed by Article 31 (4) of the Constitution. Therefore, before a situation where human rights limit human rights arises, it is necessary to argue whether the establishment of a human rights center is justified centering on the partially amended legislation of the Higher Education Act, and to review alternatives to establish a human rights center within the scope of guaranteeing university autonomy. This is presented for the purpose of this paper.