중ㆍ고등학생 두발 규제의 헌법적 검토

The major purpose of the study is to analyze whether the regulation of the middle and high school students hair style is constitutional. The Research method is the critical analysis of the National Human Rights Commission of the Republic Koreas decision on this regulation. The major findings are as follows. First, the commission recognizes the students free hair style as his or her fundamental rights. Further, the commission recommends to make a minimum regulation of the students hair style only for the purpose of maintenance of school order. Moreover, it recommends to make decisions on the content of and the procedure for this regulation under the condition of the protection of his or her right to self-determination. Finally, it prohibits the teacher from cutting his or her hair in coercive and depersonalized ways. I think that the regulation of the middle and high school students hair style violates his or her right to self-determination, privacy and freedom of expression for the following reasons. First, it restricts the students choice of his or her hair style. Second, the method of the symbolic expression, this restriction cannot meet the form and method prolongs for restricting the fundamental rights. Third, it is very difficult to find out public morals and social ethics to justify the regulation of the students hair style. Last, this regulation violates the dual criterion principle and the clear danger principle. Also, I think that the coercive and depersonalized hair cutting violates the students right to personality and his or her right not to freedom of the body for the following reasons. First, this cutting causes the loss of his or personality and body against his or her will. Also, this depersonalized hair cutting cannot satisfy the form, purpose and content prolongs for restricting the fundamental rights.