Critical Analysis of the Korean Constitutional Court Cases on the Legalism of EducationSohn, Heekwon(Myongji University) The major purpose of the study is to analyze the Korean Constitutional Court cases on the legalism of education critically. The ma...
Critical Analysis of the Korean Constitutional Court Cases on the Legalism of EducationSohn, Heekwon(Myongji University) The major purpose of the study is to analyze the Korean Constitutional Court cases on the legalism of education critically. The major findings are as follows.First, the court defined this legalism as the stipulation of educational essence in the act and the provision of the state’s power over, duty of, and responsibility for education in order to realize democracy. However, it is controversial whether the subject of the power and duty should be limited to the state?Second, the court considered the promotion of the essential functions of education, the realization of the Korean constitutional principles by education, the effective assurance of the right to ability-based equal education, and the maintenance of the autonomy and neutrality of education as the functions of the legalism of education. It is appropriate considering the definition of this legalism.Third, the Constitution demands the stipulation of the fundamental parts of educational institutions and their operation, education finance, and the educator’s status in the act. Also, whether educational content should be stipulated in the act is controversial. I think that it should be so considering the definition and internal limitations of educational autonomy and for the assurance of educational neutrality. Whether the educator’s rights and duties should be stipulated in the act is another issue. I think that they should be so considering the definition of the educator’s legal status but only within the limit of the effective assurance of the right to education.Last, the court not only gave the congress wide latitude in deciding what should be stipulated in the act but also set the certain limits. Also, the court judged these limits differently by the issue, by the case, and even by the Justice.