국립대학의 대학 자율권 주체성 및 헌법소원심판 청구인능력 연구 - 헌법재판소 2015. 12. 23. 2014헌마1149 결정을 중심으로 -

The Constitutional Court Decision which admits capacity of constitutional claimant to National University was pronounced on Dec 23, 2015 (2014Hun-Ma1149). In this decision, the Constitutional Court of Korea ruled that the public exercise of Minister of Education against the Kangwon National University had infringed on the basic right to autonomy of university, and as a premise of it the Court admitted capacity of constitutional claimant to the National University. Several interpretational issues could be raised on the capacity of constitutional claimant for the national university. In this thesis, I posed that there is no provision about the capacity of constitutional claimant for the national university, and it leads to the interpretational problem whether it can be admitted or not. Then I discussed and suggested that (1) in considering ‘the mutatis mutandis application of Administrative Litigation Act ․ Civil Procedure Act’ & ‘the characteristics of governmental agency as guardian of constitution’, the capacity of constitutional claimant cannot be admitted to the national university in principle, (2) but in considering ‘the purpose of Constitutional Court Act ․ Constitution’ & ‘the subjectivity of basic right to autonomy of university’, the capacity of constitutional claimant can be admitted to the national university exceptionally. Judgment whether there is a capacity of constitutional claimant for the national university or not carries significant meaning in guaranteeing the basic right to autonomy of university stipulated in Art.31(4) of the Constitution.