Right to education and rights of participants in education in Korean Constitution

서지정보

· 발행기관 : 세계헌법학회한국학회
· 수록지 정보 : 세계헌법연구 / 23권 / 3호 / 157 ~ 177페이지
· 저자명 : 변해철

초록

Today, it is considered that it is through education (the acquisition of knowledge, skills, values, beliefs, and habits) that the citizens are to have dignity and worth as human beings, to pursue happiness and to lead human life.
Education being realized by a couple of participants, it frequently takes place under the guidance of educators, but learners may also educate themselves. The question has been how to determine rights of the participants.
Regarding the right to require the positive action for realizing the right to education, Korean legislators have answered progressively to the second question. And, it was in the name of realization step by step that it has been considered not unconstitutional by the Constitutional Court. The equality step by step was not only to improve progressively actual discrimination, but to moderate societal shocks resulting from the sudden changes of social system.
Even parents’ right to educate their children is not explicitly given by Korean constitution, it is considered as being a kind of inviolable and natural rights by Korean Constitutional Court.
According to the Constitutional Court teachers’ freedom of teaching derives from the freedom of science and the arts. However, it is considered as being inferior to professors’ one and possible to be much more restricted.
About the question on the freedom of school administration and the status of teachers or professors, especially in private school, there were many controversies. At first, an open board directors system being introduced by legislators for the purpose of enhancing transparency and fairness of private school administration and providing opportunities for members of the school to participate in school administration, it was declared constitutional. Secondly, it is confirmed that, even though the foundation of school or university has a right to select and employ teachers or professors whom it wants, it shall be done with respect of due process of law.

참고자료

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