교사의 교육권, 학부모의 자녀교육권, 학생의 학습권의 내용 및 상호관계

The right to an education is an essential prerequisite for maintenance of human dignity and pursuit of happiness of all people. Also it is a base of meaningful exercise of other fundamental rights. The Korean Constitution(Article 31 (1)) says "All citizens shall have an equal right to receive an education corresponding to their abilities, guaranteeing equal opportunities for all people to receive an education. On the on hand, the contradiction of capitalism including child exploitation in the latter half of the 19th century caused the states to make a stipulation of the provisions concerning education in the constitutional law. On the other hand, the reason why the provisions on education appeared in the constitutional law is that parental rights and responsibilities of educating children given under the natural law needed to be left in trust with states under the principle of "in loco parentis."Considering the importance of education in the cultural and welfare nation, our constitutional law not only defines the right to an education as every citizen's fundamental right, but also clarifies it as joint obligations of nation and all people. The Constitution and laws also authorize state, teacher, and parents the right to teach respectively to pursue the goal of educating children. However, state's power to teach, teacher's authority to teach, and parents' right to teach children are not autotelic, but granted only to serve student's right to learn. Among the main agents of education including state, local governments, founders of schools, teachers, parents, the students are the central figures. Therefore we can say that students' right to learn is located in the center of the structure of realizing the right to an education. Eventually, We should keep in mind that the reason why the teacher's right to teach freely should be guaranteed is to fully contribute student' right to learn and parents' right to teacher their children.