미국 법원 판례상의 종립학교의 종교의 자유에 대한 고찰

The U.S. Court has granted special exceptions to religious schools to protect religious freedom. First of all, it is judged that the conduct of religious schools should not be regarded as a state action for the sole reason that they receive financial support from the state. Secondly, it is determined that a religious schools can discipline a student for conduct that is contrary to its religious doctrine and school rules. In addition, it is judged that the hiring of faculty and staff conforming to the religion of religious schools can be recognized in terms of the autonomy of the religious schools. On the other hand, in terms of financial support, it is said that no discrimination between public schools and religious schools should be made, guaranteeing the right of students and parents to choose a religious school. The U.S. Court judges that the judiciary's involvement in the internal affairs of religious schools should be restrained as much as possible in terms of ensuring the autonomy of religious schools. The precedents of the U.S. Court on the importance of religious freedom of religious schools have many implications in the domestic situation in which the autonomy of the religious school(university) is somewhat unilaterally limited to the extent that it denies even the autonomy of hiring faculty and staff in the seminary.