敎育基本權의 制度的 保障에 관한 硏究
(A) Study on the Systematic Guarantee of Educational Fundamental Right
교육기본권 교육권 제도적 보장 일반사회;
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Education has provided a means of upward mobility through the hierarchical order of society based on meritocracy, and the expansion of educational opportunities has made it possible for every member of society to aspire to a higher status. And the governing principle of education is that every individual should be given the opportunity to develop his and her potential to the maximum extent, while disadvantaged people should be given assistance to overcome adversities in receiving quality education. Exellence in education is only guaranteed by the satisfaction of both equality. Article 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. Therefore, the purpose of this study is to review historically educational fundamental right, which are now stipulated by the constitutions in every country and the international documents, and to look over theories and cases of some nations to get general idea of educational fundamental right still at issue. This dissertation examines the position of the educational fundamental right in the constitution and other concerned education laws and their principles of control. Then this dissertation examines how educational fundamental right is guaranteed in the constitution. And the substantial guaranteeing and the form and contents of the educational fundamental right is clarified. Finally, this dissertation studies how to supplement the poor guarantee of the constitution for educational fundamental right. The present study consists of five chapter as summarized here under: In chapter 1, the purpose, scope and method of the present study is devoted. In chapter 2, the meaning, contents, formation and development of the educational fundamental right is surveyed. In chapter 3, the meaning and contents of the guarantee of educational fundamental right is surveyed. In chapter 4, for the purpose of practical protection of the educational fundamental rights of constitution, free·compulsory education, alternative education, private school foundation, life-long education, specific education for brilliant children, special education, education self-governing system are regarded as necessary. This study assert about this problems. Also, a lot of efforts should be made to improve legal institutions and educational laws, so that educational fundamental rights of constitution should be well secured. In chapter 5, the conclusion of the study, for realization of the educational fundamental right should be assured through the systematic guarantee. As the existing educational system is the official educational system, it is inevitable for the government to intervene in the education.