학생의 교육기본권과 부모의 교육권: 협력과 상충 = The fundamental right to education of the student and parents: Cooperation and conflict

다국어 초록 (Multilingual Abstract)

Unlike other basic rights, education of parents is not the freedoms guaranteed in the sense of right of self-determination of parents, the subjects of basic rights, but a granted fundamental right for protection of children and manifest personality. So the Exercise of parental education should be exercised only for happiness and well-being of children. Reviewing the relation Parents `` educational rights the relationship with parental rights under civil law, parental education and parental rights under civil law should be exercised so that their child``s interest can be shielded best . We reviewed that fundamental rights education of students and education of parents can achieve the purpose of education in their cooperation and basic rights can cause legal conflicts by a collision. Education of parents ensures fundamental rights education of students and it is the rights recognized in terms of their children``s happiness. We can handle the problem with conflict theory in basic rights if we consider specificity and distinctiveness between two basic rights rather than solving the problem with conflict theory in basic rights, Also, the conflict cases of two basic rights must be resolved legally and rationally based on the students`` interests or welfare in any case. But conflict problems in Education rights must be solved not on the side of practical use of students in the same right but by way to ensure largely the practical use of student among ‘interesssenabwagung’ every individual case and restriction on specific education rights and they need to be figured out the distinctiveness in specific cases.