기여입학제 금지정책의 헌법적 검토

Abstract

The admission policy of universities has been social issues around the country. First of all, contribution preference admission policy lied at the center of critical controversies. Actually it involves both the equal opportunity to education and the autonomy of higher education institutions, which are all prescribed in the Constitution. The analysis of the issue showed an important reasoning on the legal justification of “contribution preference admissions”. The legal justification depends on how to define the meaning of contribution preference admission policy and how to tailor it materially in the context of specific admission cases, rather than on the clauses of the Constitution. Admissions on the condition that a college admits the donor's child is against common sense, and would be unconditional. However, it could be constitutional in terms of autonomy of higher education institutions and public interests, to give preference for children whose relatives or supporters have contributed to universities without any demand in the relation to admissions. Therefore, it could be unconditional to prohibit all patterns of “contribution preference admissions” without considering the nature or types of contribution and its context. It is necessary to let universities adopt contribution preference admission policy unless they run far across the constitutional limit and common sense. Universities could keep the legal justification if they tailor the admission policy in the narrow and fair manner with the transparent procedures.