학생과 학부모의 사립학교 선택권 보장에 관한 헌법재판소 판례 검토 -2011헌마827사건과 2005헌마514사건을 중심으로-

On February 28, 2020, the Moon Jae In government revised the Enforcement Decree of the Elementary and Secondary Education Act to abolish autonomous private high schools. Accordingly, parents and these schools filed a constitutional petition in May of the same year. Therefore, the fate of the existence and abolition of these schools in the future will depend on the judgment of the Constitutional Court. There are two Constitutional Court precedents that can predict the judgment in advance. It is a case of confirming the unconstitutionality of Article 84 of the Enforcement Decree of the Elementary and Secondary Education Act in 2009 and the case of confirming the unconstitutionality of Article 47 (2) of the Elementary and Secondary Education Act in 2012. These precedents deal with the problem of general school, not private school. However, issues that are expected to be contested in the case of abolishing private schools, such as whether or not the right to choose private schools under Article 84 of the Enforcement Decree is violated. By reviewing and criticizing these precedents, this paper intends to provide some judgment data to be considered by the Constitution, the government, and the parties to the petition for constitutional complaints in the process of future constitutional judgment. It should be noted that both of the above precedents have a majority opinion and a minority opinion against it. The precedent can sometimes be changed. It is hoped that this paper can contribute to this change of precedent.