공기연장 또는 공기지연으로 인한 공법적 쟁점: 교육을 받을 권리와 계약자유의 원칙의 조화를 중심으로

If extension of the construction period or construction delay occurs during the construction work, civil legal settlement is possible depending on the reason of project owner or contractor. However, public construction leads to another public problem. Typically, in case of school construction, normal education can not be done unless it is completed on a fixed date. For example, temporary placement of students to a nearby school, lack of attendance and entrance to school, and safety problems during the school term. This may result in inconvenience to students who use school at a fixed date or infringement of their ‘equal’ right to receive an education in a pleasant and a safe educational environment. The right to receive an education the student and the liberty to contract between the contraction parties should be implemented harmoniously in the reality of the Constitution for the problems arising from extension of the construction period or construction delay at the school construction. To do this, draw a conclusion a constructional task considering the position of the student, project owner or contractor comprehensively, and propose legislation that meets the direction pursued by the Constitution.