프랑스공교육에서의 비종교성과 학생의 종교의 자유 - 이슬람스카프논쟁을 중심으로 -

In september 1989, it happened that Muslim girlstudents were temporarily were barred by officials from attending school because they put on the headscarfs of islamic tradition in spite of the warning of school authority in a French public schools. Soon the incident roused the interest throughout the whole country. After the incident, the litigation of resemblant matters were repeated continuously and the law on restriction of wearing the religious clothing or insignia was enacted. Its regular French title is「Loi du 15 mars 2004 encadrant, en application de principe de la laïcité, le port de signes ou de tenue manifestant une appartenance religieuse dans les écoles, collèges et lycées publics」. But inquiring into the Stasi Report which became the basis of the law, we can know that it used the brilliant rhetorics about the laïcité and emphasized a vague public order only, not analyzing the headscarfs problem fairly and objectively. The report respected the majority's consciences that were according with the traditional national value, unity and identity. It made a wrong application of laïcité combined with religious freedom. Seen from a wider perspective, the minority's religious freedom is related to the treatment to muslims. In this view, there is a analysis that the headscarfs conflict is not a factor threatening the republic but the symptom showing the French republic in crisis. But seeing the judicial precedents of Conseil d'Etat, it made a clear and reasonable conclusion. That is, So far as the religious clothing composes a free exercise of religious freedom, it does not violate the religious neutrality in principle. Simultaniously Conseil d'Etat acknowledged the limits of freedom of religious clothing also. For example, the limits of freedom are to infringe on the other students’ freedom, to confuse the order within the school and to disturb a normal education etc. So, the Conseil d'Etat has made much of students’ religious freedom, the freedom of their parents’ religious education than the principle of laïcité and developed the precedents in direction of harmonizing with the students’ religious freedom and the order within the school elaborately. By the way, in France today it is considered that the state must take trouble to guarantee to the minority's religious freedom in the sphere that do not infringe the public good and this positive protection of state does not violate laïcité.