교육을 받을 권리의 무상성 = Free-of-charge nature of the Right to Be Educated

다국어 초록 (Multilingual Abstract)

In a literal sense, education refers to an activity to develop, grow and improve human natural abilities. Education also functions to (i) socialize humans by giving/taking traditionally accumulated experiences and cultivate abilities to adapt themselves to future changes and get over new challenges, and at the same time (ii) encourage them to develop their individualities for self-actualization and cultural promotion.
The right to be educated has been considered as a positive one, such as entitlement to scholarships for poor students, to ensure the equality in educational opportunities. But the right to be educated could reasonably be understood not only as a right to ensure the external conditions of education but also as a right to ensure the freedom of studying.
Conceptual approaches to the right to be educated, one of social rights, can be divided into the theory of program right, the theory of abstract right, and the theory of concrete right. Social rights are abstract rights because they do not allow for a direct request of benefits based on the related Constitutional provisions.
Our Constitution requires that the government provide free compulsory education as a means to ensure the right to be educated practically. At this point, the range of free education is controversial in several opinions: (i) the theory of legal scope of free education, (ii) the theory of free tuition fees, and (iii) the theory of free expenses required for schooling. Because the law requires expressly that the range of free education shall be limited to the tuition fees, I think the theory of free tuition fees is right. Some scholars in our country insist on the theory of free expenses required for schooling without providing any legal grounds. Some logical explanations are needed.

목차 (Table of Contents)

• Abstract
• Ⅰ. 서론
• Ⅱ. 교육을 받을 권리의 법적 성격
• Ⅲ. 무상 의무 교육의 범위
• Ⅳ. 결론
• 참고문헌