사학의 자유 에 대한 재해석 연구

• 발행기관: 대한교육법학회
• 저자명: 황준성(Jun Seong Hwang)
• 간행물 정보: 『1. 교육법학연구』제19권 제2호, 151~180쪽, 전체 30쪽
• 주제분류: 사회과학 > 교육학
• 파일형태: PDF
• 발행일자: 2007.12.30

국문 초록

본 연구는 사학의 자유를 학교법인의 사학설립·운영의 자유라는 협의의 개념에서 벗어나 모든 국민의 사학교육에 관한 기본권으로 재개념·재구조화한 후 그에 따른 법리를 규명하고자 수행되었다. 이를 위해 사학의 자유의 연혁과 헌법적 근거 등을 분석하면서 사학의 자유에 대한 재개념화를 시도하였으며, 이어서 사학의 자유의 구체적 내용들을 살펴보았다. 또한, 새롭게 재개념화한 국민의 기본권으로서 사학의 자유의 법적 성격, 효력, 한계 및 제한 등의 법리를 분석하였다.

영문 초록

The purposes of this study are as follows. Escaping from the existed narrow meaning on freedom of private school education, limited to establishment and management of private school by school corporation, this study redefined and reorganized the meaning of freedom of private school education` as all citizens` freedom or fundamental human rights on private school education and then examined related law theory. This study is composed of three parts. Following issues were discussed in each chapter. In the second chapter, freedom of private school education was newly defined in the connection with educational fundamental human rights and its character as fundamental human rights in the Constitution was clarified by investigating the history of freedom of private school education and the value of private school education in democratic society. In the third chapter, based on the newly defined meaning on freedom of private school education, the subject of the freedom was analyzed. The constituents of freedom of private school was also clarified. They were as follows. (1)freedom of private school education(freedom to select private school, claim to aid citizen for private school education at public expense, the right to participate in private school education), (2)freedom to establish private school (freedom of establishment itself, protection from unreasonable school abolishment and security of due process) and (3)freedom to manage private school (freedom to create school foundation spirit, freedom to make independent school affairs, freedom to manage its educational employees, freedom to select students, freedom of finance and the claim to aid private school at public expense). In the fourth chapter, freedom of private school education-related law theory such as its legal character and validity, general limit, infringement type, aid measures and so on was discussed in the aspect of re-defined freedom of private school education as citizen`s fundamental right. Like other fundamental rights, freedom of private school education has dual aspects, both of subjective civil rights and objective value order with internal limitation including respect to others` fundamental rights, social ethics and public welfare. Especially, freedom of private school education has absolute limitation in ensuring educational fundamental human rights. As the type of infringement on freedom of private school education, there would be two kinds; infringement by state power and infringement by a third party. And the ways to stamp out these infringements are ultimately relied on constitutional justice though it can be changed by subject or nature. This thesis leads the following conclusions. Freedom of private school education is an axis of educational rights. It means not only freedom for school cooperation to establish and manage private school in the narrow sense but whole fundamental rights of all citizens including students and parents in a broader sense. With settling extended meaning of freedom of private school continuously, private school issue can find the resolution in the basic principle of guaranteeing and accomplishing educational fundamental rights.

목차

Ⅰ. 서론

Ⅱ. 사학의 자유의 의의

Ⅲ. 사학의 자유의 내용

Ⅳ. 사학의 자유의 법리

Ⅴ. 결론

키워드

사학의 자유 사학교육권 사학교육의 자유 사학설립의 자유 사학운영의 자유 Freedom of private school education freedom of education in private school freedom to establish private school freedom to manage private school