교육불평등 해소를 위한 고등교육법 제34조의8 신설의 법적 함의 고찰

Abstract

This study aims to examine the new laws to provide equal opportunities for education to the people who want to receive education by applying the principle of differential compensation differentially applied to the selection of college students. The Constitution of the Republic of Korea stipulates that all citizens have the right to receive education equally according to their abilities, and the Framework Act on Education also stipulates that they are not discriminated against in education due to social status, economic status, or physical conditions. Nevertheless, social mobility is retreating due to polarization in Korean society, and the function of the class ladder in education is gradually weakening. Accordingly, universities have established a new law to provide more than a certain percentage of opportunities to apply for social consideration prescribed by Presidential Decree, such as basic living recipients, and to expand regional balanced development by more than a certain percentage. This social integration screening legislation is a measure to strengthen the public nature and social responsibility of universities, and as the amendment to the Enforcement Decree of the Higher Education Act was deliberated and resolved at the State Council on February 22, 2022. The revision of the enforcement ordinance is expected to expand opportunities for higher education for economically and socially vulnerable students who have been relatively difficult to enter college.