아동의 놀 권리에 대한 헌법적 보장 연구

Article 5 of the Korean Children’s Charter stipulates, “Children should be provided with facilities and space for fun and beneficial play and entertainment.” This reminds that play has important value for children who are the future and wish of our society. The work of institutional assurance of play that has a decisive effect on the development and expression of a child’s character should begin with identifying the basic rights status of the child’s right to play. A child’s right to play can be recognized as a basic right because it has the substance of a specific right based on the freedom of the body set out in the text of Article 12 paragraph 1 of the Constitution, the freedom of privacy set out in Article 17 of the Constitution, and the right to general freedom of action derived from the right to pursue happiness in Article 10 of the Constitution. If children have matured physically and mentally enough to take the initiative in the right to play, they should recognize their basic rights to play. Children’s rights to play share their rights to be educated and their real value in that they contribute to the formation of personality. Parents’ right to adopt children does not conflict with children’s right to play in that it is the ultimate goal for children’s happiness, but in reality, the two basic rights clash is not difficult to find. In the end, if a child’s self-contained decision-making ability is recognized so that the two basic rights can be harmonized, the parent’s right to child care should be conceded to the child’s right to play.