개정사립학교법에 관한 헌법적 검토

Constitutional Review on Private School Act of Amendment Last year, december, reformed “the private school act" was declared through the agreement of National Assembly. The essential part of reformed private school act includes the introduction of open trustee system and the prohibition of employing friends and relatives as the school director. Private colleges', universities' and private middle, high schools' fifteen members who consist of the chief trustee, the school president, and parents, submitted a petition as an appeal to decide whether this act is constitutional or not. The reformed private school act's destiny will be decided by the constitution court's attitude, that is, what this constitution court would value more between the school legislation's freedom and the education's public function. That the founder operates the private school with freedom, is one of basic rights which are approved by the constitution. However, the school education is one of the most basic nation development resources, and the motive for the social improvement. Moreover, since the school education is the realm of influence and effect, nationally and socially, the necessity of national intervention and ! supervision is important than any other fields. The legislative power, in so far as it does not harm the essential content of basic rights, can be considered as what belongs to the legislator. Therefore, even though there is a possibility that the reformed private school act limits the private school's freedom to operate, the basis for constitutionality should be decided by whether the legislator, in regulating the basic rights, violated the essential content beyond the limit of rational legislation, or not.