종립대학의 자율성 및 종교교육의 자유에 대한 성적지향에 근거한 차별 판단 — 국가인권위원회 결정 분석 —

This thesis examined two recommendatory decisions against two religious universities issued in Nov. 2018 by National Human Right Commission (NHRC), respectively on S unversity’s canceling approval of renting a classroom for same-sex marriage film festival and H university’s imposing disciplines on students pushing ahead with an intra-mural special lecture on extreme feminism inspite of prior official ban. Firstly, judicial decisions of the Supreme Court are analyzed which dealt with balance between religious liberty of students and freedom of religious education of religious schools. Secondly, freedom of religious education of religious universities and academic freedom in universities secured by Korean Constitution and freedom of assembly of students along with their rights to use university facility are reviewed from viewpoint of conflict of rights. Principle of excessive prohibition is also discussed for its propriety in the context. Finally, discussed are sexual orientation as equality standard under NHRC Act, its eligibility as human right under international law, and a decision of U.S. federal appellate court of D.C. District(Gay Rights Coalition v. Georgetown Univ.) cited by NHRC decision. Autonomy of religious university should be treated differently from that of public university. However, the NHRC decisions justifying national intervention into the domain of academic freedom of religious universities secured under Constition are to be criticized as unconstitutional measures because they adopted so called proportionality principle supposed to be applied to public universities or institutions. Academic measures of religious universities, such as discipline and ban on using campus facility against activities undermining the universities’ founding ideology, need to be free from gonvernmental intervention unless they violate law under the current legal regime.