교육기본법 제3조에 관한 헌법적 검토

Constitutional Examination on Article 3 of The Fundamental Law of Education of Korea 攀* Lecturer at Chonbuk National University(College of Law)攀攀Ahn, Ju-Yeol* The Fundamental Law of Education, enacted in the readjusting process of education-related laws in 1997, provides the Right to Learn. Though the concept of 'the Right to Learn', in terms of constitutional epistemology, has been recognized as Natural Law by the great majority, the right is simultaneously mingled with ‘the Right to be Educated’ and so on. Among present legal theories, there remain remarkable disputes whether the Right to Learn is the same concept as 'the Right to be Educated' stipulated in Clause 1 of Article 31 of the Constitution. The stipulation of the Right to Learn in the Fundamental Law of Education, in the state of its conceptual unsettlement, made it to be recognized as a legal right, not as a constitutional fundamental human right, which can cause serious difficulty to establish the relationship between the Right and other education-related human rights. This study is to reexamine 'constitutional conformation' and 'systematic legitimacy' of the Right to Learn(Article 3 of the Fundamental Law of Education) to overcome the confusing conceptualization of education-related rights, from the standpoint of maintaining its legal nature as 'the Natural Law' or 'the Inherent Human Right.' In conclusion, the study strongly suggest that the stipulation of the Right to Learn in the Fundamental Law of Education is absolutely unsuitable.