취학의무의 거부와 국가의 교육권한 간 갈등에 대한 헌법적 해석

Under compulsory education system, compulsory schooling is imposed on citizens in most countries. Although the methods of compulsory education are different one country to another, compulsory education generally performs a function as a channel to acquire values and philosophy of citizens in nation-state community and values and a system in which the Constitutional subsist. Compulsory schooling, at least, imposes duty upon citizens to put their children in a full-time school for a certain period. From this, a state has duty to establish a infrastructure material, human, and financial resource. Recently, home schooling, originated in various motive, causes friction with Compulsory Schooling. Parents decide to educate their children at home by themselves, according to their beliefs, philosophy and a view of religion and, therefore, often reject legal obligation to send their children to school. Such a decision prevents their children from contacting with friend groups who have various ideas in a community such as a school as well as learning different values, cultures and religions through the school curriculum. It also deprives their children of the benefits from social interacting with their peer group from different classes. The fundamental goal of educational authority of a state as well as parents right to educate children is to achieve well-being of the children. Within these contexts, home schooling, pushed unilaterally by their parents, would hardly play a positive role in children’s lives. This research attempts to explain the constitutional criteria for determining when there is a conflict between compulsory schooling and education authority of states.