입학사정관제와 평등원칙

• 영문명: Admission officer system and Principle of equality
• 발행기관: 한국국가법학회
• 저자명: 손윤호(Son, Yun-Ho)
• 간행물 정보: 『공법논총』제6호, 1~16쪽, 전체 16쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.05.30

영문 초록

Admission officer system was introduced with a view to ease private education and normalize public education. This system aims to find out hidden talents of creativity and potential escaping from existing candidate selection system through school grades. But, as admission officer system will break the standardized ranking evaluation, it is difficult to achieve the goal of the system which is to contribute to the strengthening of public education and further it may be abused as the means for illicit admission or secret high school ranking system. Therefore, the current admission officer system has been led by government within the range that it doesn’t violate the autonomy of university. Since the concrete embodiment of the right to equality in national life is the most essential issue, all problems related to the fundamental rights of a nation has equality issue. For this reason Constitutional Court uses the principle of equality most frequently in judging unconstitutional law and constitutional appeal as the criterion norm on constitution. Admission officer system cannot be also free from the argument of such an equality principle in that it applies a new evaluation criterion unlike existing standardized ranking system and in the process of its operation. Discrimination based on school records was rational discrimination and most of the people recognized it as natural. But the discrimination based on school grade and ability excluded those who are economically and socially disadvantaged from opportunity to take part in competition. Therefore, it made us have a doubt whether equal opportunity is true equality or not and Affirmative action considering the equality of results is required. Admission officer system was also introduced as one of educational policies for entrance examination. Consequently, the realization of equality through the admission officer system with consideration of the social weak and resulting equality in education will be possible depending on what paradigms each admission officer has. Admission officers have a task to demonstrate the principle of equality in admission officer system to candidates and their parents who consider them as the victim of inequality of this system compared to existing evaluation criteria and methods in rational ways.

목차

Ⅰ. 서론

Ⅱ. 평등원칙

Ⅲ. 적극적 평등실현조치(Affirmative action)

Ⅳ. 결론

키워드

Admission officer system Equality principle Right to equality Rationality test Strict scrutiny test Affirmative action Reverse discrimination