독일의 의무교육 관철을 위한 법적 체계와 수단

Education system is one of the most controversial issues in these days. Especially legal matters related to compulsory education is the point of interface, where a collision of interests occurs in diverse aspects as education is not only a simple matter of welfare issue guaranteed by the state, but also an issue which needs a mutual regulation among diverse fundamental rights and the principles of the constitutional law. Compulsory education is rooted in a common education in which all citizens or residents, living in the same state, understand and have tolerance of each other, through sharing values and understanding cultural differences. Germany’s legal system of compulsory education is exquisitely consisted in this perspective. The grounds, exceptions and measure to ensure the implementation of compulsory education are well organized according to hierarchy of laws. It especially suggests a lot that Germany’s legal system has a legal ground and lawful measure and procedure to implement the compulsory education in case of violation either by the person him/herself or by his/her parents. As it is shown in the cases from courts as well as Bundesverfassungsgericht, the harmonized interpretation of diverse fundamental rights and the principles of the constitutional law provides an important information to understand the legal implications. It is meaningful to analysis Germany’s legal system, although it is different from Korea’s, in the aspects of learning how to interpret the diverse cases in a perspective of constitutional law and to establish positive law system. In this context, this research reviews legal system and measure related to compulsory schooling in Germany and analyzes operational standards as a model case in order to improve Korea’s system.