사립학교 학교운영위원회에 관한 헌법재판소 판례 분석

The School Governing Committee is for ensuring the democracy and the transparency, and for being guaranteed to make the parents to the right to school participation. And the School Governing Committee is for the purpose of diversified education which is agreed with the circumstances and the characteristics of the schools. The judgment of the Constitutional Court about the School Governing Committee of the private schools disagree with that based on the particularity, the autonomy, the public service of a private school, and the right to school participation of the parents according to the amending of statute. However, a private school also has the public service according to the Education fundamental law an article 9; furthermore, it is adequate to stipulate it as the compulsory organization in order to ensure the right to school participation of the parents. Considering the public service and the internal and external condition of a private school, there is no reason to discriminate between it and a public school in terms of regarding the School Governing Committee of private schools as the advisory organization which is different from the system of a public school. In addition, there is no particular reason to limit the participation for school of the parents who let their children enter the private school only because they made their choice by the freedom of choosing school. In conclusion, it is the invasion of the right to equal discriminating the The School Governing Committee of a private school from the one of a national and public school in the aspect of statute.