고교등급제의 「헌법」 적합성 분석

This article examined the constitutional justification on the mandatory prohibition of the use of high school classification in the student admission judgements. For this purpose, four questions below were issued and answered. First, which is unconstitutional of the use of hish school classification and the prohibition of its use? Second, even though the discrimination of high schools is unconstitutional, which is the reason that makes it unconstitutional, infringement of the constitutional right to equal education or university's autonomy? Third, which types are constitutional or unconstitutional in the view of various concepts? Fourth, discriminational treatments of high schools itself is unconstitutional, or its constitutionality depends on the specific tailoring. As the result of the review, these conclusions were drawn. First, the purpose of the school classification is an important variable. According to the purpose, the logic for constitutional justification goes to different path. Second, it is not possible to make an judgement on the constitutionality of school discrimination without the consideration of the material substance and its tailoring. Even identical types of school classification could get different judgements if they are managed in other ways. Third, some types of school classification could be used in admission policy of university with the constitutional justification. Even in such a case, if its use are forbidden by acts or government policy, such regulation should be in a strict scrutiny. In this analysis, government policy could be accepted in the point of constitutionality.