현행 교육헌법의 개정 방안에 관한 연구

The purpose of this paper is to propose for revision of the Constitution of the Republic of Korea on education-related constitutional provisions(hereafter ‘education constitution’). A proposal focus on internal system, content, expression and so on. In order to achieve this goal, first of all, we look at the current discussions on propose for revision on education-related constitutional provisions. In addition, based on the Delphi survey conducted to understand the degree of convergence of educational law scholars' demands for constitutional revision, a concrete revision proposal is proposed through a legal theory review. As a result of our research, we present the principle of constitutional revision on education including to (ⅰ) maintain the same constitution as the existing Constitution, (ⅱ) prohibit active change, (ⅲ) abiding by the direction of strengthening the people's basic rights and democracy, (ⅳ) limitation to the task of full national consensus, and prohibit excessive legislation. And we propose concrete proposals for revision of article 31 and article 22 of the Constitution: (ⅰ) adding the right to learn, (ⅱ) adding a provision that National Assembly should provide by Act the scope and content of free compulsory education, (ⅲ) adding constitutional guarantee of local education self-governing system, (ⅳ) revising a expression relating to legal reservation of constitutional rights formation(Ausgestaltungsvorbehalte der Grundrecht), (ⅴ) moving the clause relating to autonomy of university from article 31 to article 22 of the Constitution.