무상의무교육 관점에서 재외 한국학교의 법제 분석 -재외국민교육법의 위헌성 및 개선 방안을 중심으로-

This study starts from the problem that free compulsory education does not apply to students of overseas Korean nationals. Overseas Korean schools are an official educational institution in the Republic of Korea based on the Constitution, framework act on education, and the act on the educational support for overseas Korean nationals. In addition, students of overseas Korean school are Korean citizens and, of course, become the subject of fundamental rights of the constitution. Therefore, it is absolutely unconstitutional that free compulsory education does not apply to them. In order to analyze this unconstitutionality, the legal concept and characteristics of compulsory education were reviewed. Furthermore, in order to clarify the concept of free compulsory education, the standards and principles of free education were reviewed by researching theories, laws, and global trends about free education. Finally it is approved the unconstitutionality that free compulsory education is not implemented in overseas Korean students. In relation to this conclusion, strategies for the implementation of free compulsory education in overseas Korean students were proposed in two aspects of the roles of the National Assembly and the Korean government.