헌법 제31조 제4항의 해석과 적용

Abstract

Article 31, Paragraph 4 of the current Constitution stipulates that “the independence, professionalism, political neutrality of education and the autonomy of universities are guaranteed by the law.” As for the content and scope of what the “autonomy of education, professionalism, political neutrality, and university autonomy” in the Constitution means in detail, the theories that have been established in Article 31, Paragraph 4 are insufficient, and the application of this provision is not yet complete. There are also not many precedents of specific cases throughpolitical neutrality of education and the autonomy of universities are guaranteed by the law.” As for the content and scope of what the “autonomy of education, professionalism, political neutrality, and university autonomy” in the Constitution means in detail, the theories that have been established in Article 31, Paragraph 4 are insufficient, and the application of this provision is not yet complete. There are also not many precedents of specific cases through. Therefore, in this thesis, the concept and meaning of education's autonomy, professionalism, and political neutrality, and specific examples of application were examined, and how they are defined in Japanese education laws, which have similar regulations to ours, and how they are defined in academic theories, theories, and specific precedents. I tried to get implications by comparing and examining whether they are interpreting. And furthermore, we reviewed what is the plan to solve our educational legal issues. It can be said that the concept and meaning of the autonomy of education, professionalism, political neutrality, and university autonomy under Article 31, Paragraph 4 of the Constitution, as well as specific implementation plans, have been established to some extent through academic theories and court precedents. However, if the constitutional purpose of Article 31, Section 4 of the Constitution is interpreted with respect and the legislative purpose of the constitutional authority is respected, it can be said that it ultimately results in the substantial guarantee of the people's right to receive education under Article 31, Section 1 of the Constitution. In order to more practically and concretely realize the people's right to receive education, and narrowly, the student's right to learn, autonomy, professionalism, and political neutrality in education are required. It should be seen that it is implemented as (autonomy). It is necessary for the government to reflect the legislative intent of the Constitution when designing education policies and establishing a system, and the same is true for the courts to interpret and apply the provisions of education.