敎育基本權의 實質的 保障에 관한 硏究
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Education is the essential premise for having respect and value as human, searching happiness and managing human life, basis for meaningfully exercising other basic rights and foundation for prosperity and development of country. So Subsection 1 of Section 31 of the Korean Constitution, "All people has the right to be evenly educated according to his ability," insures the people's right to be educated as basic right. But degreeocracy and academical cliquism make basic right for education meaningless and is severely violating right for searching happiness. The person that can't graduate university is regarded as inferior person and has to experience disadvantage for his life and persons from several first-class universities like Seoul University grasp high-ranking structure of each social field, form academic clique and employment, promotion and social success depend on this academic clique. In this kind of society, education is applied as just tool for success and means of entrance competition for acquiring high-class academic clique so the nature of education is missing. Although country performs best educational policy like installs academic facility, enlarges the compulsory education and enlarges scholarship system, if the essential problem, 'abolition of degreeocracy and academical cliquism' is not solved, it is impossible to overcome the present state that education is abandoned and education has no meaning under this condition Because education has the closest relationship with human life and actual foundation of school is society, real revolution of education can't be performed without revolution of society. Education becomes the means to reform society but if the obstacle for education is due to social structure, we have to change social structure first and it is the premise for actually ensuring basic right for education. To basically solve the educational problem of Korea, deep study on actual state of degreeocracy and academical cliquism and study on basic right for education are necessary. This study surveyed on the essence of education and idea in the constitution in Chapter 2. If there is no outstanding direction of idea in education, the result of education does not become the real training of competent person but training of cunning swindler. When education loses its idea and is used as tool for success, although there are fluent high-class personnel, it can be harm for country and society rather than improve competitive power of country. Due to this reason, we have to be cautious of education as means and effort for right public education to enable school education to be faithful to its original purpose. The normalization of public education is possible when abolishing extra-education factor which disturbes normal school education, abolition of degreeocracy and academical cliquism, in prior to it The chapter 3 of this paper surveyed on the relationship between degreeocracy and academical cliquism and basic right for education. Evil due to degreeocracy and academical cliquism is severe in the society of Korea. It is infringing fair competition, desolating education of elementary and middle school and abolishing vocational education. And that it is impending real development of study, promoting unbalance between classes and causing tremendous social waste and inefficiency. It infringes equal right in Subsection 11 of Section 1 of the Constitution and right for searching happiness in Subsection 1 of Section 10 of the Constitution as well as basic right for education and becomes the factor to make system unstable. As you see, a school career-based and academic clique-based culture has to be abolished because it causes so many damages for our society The problem of parent's right for selecting school dealt in Chapter 3, Paragraph 2 of this paper can't be understood without understanding of degreeocracy and academical cliquism. Although the selection of alternative education in the compulsory education zone is the supplementation for the deficiency of public education, its purpose and context is suitable for essence of education and it has the function to relieve chronic evil of Korea, degreeocracy and academical cliquism, exercise of optional right of school concerned to prohibition of out-of-school study, equalization of high school and independent-type private high school have to be restrictively understood because they are harm to essence of education, deepen inequality between classes and promote degreeocracy and academical cliquism. And because basic right for education is the social basic right to embody actual equality between classes Chapter 3, Paragraph 4 discussed about degreeocracy and academical cliquism and the right for lifelong education. The right for lifelong education, the context of the basic right for education has the important meaning to minimize degreeocracy and academical cliquism. The start of lifelong education is in education for literacy that means the education for illiterate person. When the ability to read and write is not ensured, mention of above right and emphasis on right for education and society of education is just deceptive activity. In Korea society that the man who can't graduate high-class university is disregarded, mental hardship and inconvenience of illiterate person who has no educational background are out of expression. For illiterate adult whose respect of human and right for searching happiness guaranteed by the constitution is infringed in blind spot of education, country has to adopt and support basic education for adults with interest and responsibility to enable them to approach to literacy as soon as possible from the view of principle of equal education and lifelong education, the context of basic right for education Everybody recognizes and says to abolish evil caused by degreeocracy and academical cliquism but they are performing dual and contradictory behavior, promoting it. To abolish degreeocracy and academical cliquism, they must not maintain the level to appeal to people's revolution of consciousness. Abolition of degreeocracy and academical cliquism is the legal duty of country and people. Country has to actively act for abolishing degreeocracy and academical cliquism infringing basic right for education, equal right and right for searching happiness and general people as well as enterprises and the press must not promote degreeocracy and academical cliquism. It is possible to consider equalization of university and establishment of the law for preventing discrimination of educational background as specific method for abolishing degreeocracy and academical cliquism. Lifelong education has to be also enlarged. It was dealt in Chapter 4. To live a happy life together while acquiring equal opportunity according to each person's inborn ability and considering other people is the concept of education from the start of our history and it is the essence of right for education. To practically ensure it, abolition of degreeocracy and academical cliquism is essential.