현행 초중고등학생 징계제도의 헌법적합성 검토

Is The Current Elementary, Middle, and High School Student Sanction System Constitutional?Sohn, Heekwon(MyongJi University)The major purpose of the study is to analyze whether the current elementary, middle, and high school student sanction system is constitutional? The major findings are as follows. First, no consideration of the relationship between the disabled student's disability and his or her misbehavior in his or her sanction and the exclusion of the non-parent guardian in the provision of the opportunity for fair hearing in student sanction violate his or her right to equal protection because they are arbitrary discrimination and are not satisfied with the form, purpose and content prolongs for restricting the fundamental rights. Second, the service in the school and the social service as the measurements for the student sanction violate the student's freedom of free expression of his or her conscience since they do not meet the form and least restrictive and balancing of interest prolongs for restricting this freedom. Third, the sanction of the student who denied the salutation for the national flag violates his or her religious freedom. Fourth, the educational necessity as the reason for the student sanction, the bad character and personality as the reason for the student expulsion, and the provision of fair hearing to the student or his or her parent in student sanction violates the principle of the definiteness because of their vagueness in the act or the decree. Finally, it is necessary to stipulate the student's and his or her guardian's right to demand the information on the student sanction in the Elementary and Secondary Education Act and the Elementary and Secondary Education Decree.