학부모의 자녀교육권 헌법판례분석 = An Analysis of Constitutional Precedents on the Parents` Right of Children to Education

다국어 초록 (Multilingual Abstract)

Parents` rights to educate their children is not stipulated in the constitution, but it is the important, basic rights which is ruled by the Constitutional Court. This study was carried out to seek the implication about interpretation of the precedent and law, and policy making and implementation through the analysis on the precedent of the Constitutional Court about parents` rights to educate their children. The conclusions are as : First, after 2001, the numbers of claims about parents` rights to educate their children to the Constitutional Court is increasing. Second, in the claims about parents` rights to educate their children to Constitutional Court, besides this, there are many who suffer violation of the rights to equality and the right to pursue one`s happiness. Third, claims about parents` rights to educate their children to Constitutional Court have these three kinds, the right of choice as the rights of formation, the right to participate as the right to decide, the right to request as the right to perform. Fourth, when making and amending relational statute, it is very important to find out the rights relation carefully between the people directly involved education. Fifth, in the evaluation of this case, only three claims are decided as the violation of the constitution, the decisions of fifteen claims shows the right to rule is more important. Sixth, in the point of using parents` rights to educate their children, there are limitations that children also have the right to choose their educational surroundings and the right to pursue one`s happiness. Finally, teacher`s rights to educate is not recognized as the right of the constitution.