헌법 제31조 제1항 “능력에 따라 균등하게” 교육을 받을 권리에 대한 재해석

Reinterpretation of the right to receive education “equally according to ability” on the Article 31 Paragraph 1 of the Korea Constitution * Professor of Law/Kunsan National University Ki-Ho NOH* Article 31 Paragraph 1 of the current Constitution stipulates the right to receive education “equally according to ability” as a basic principle regarding education. The right to equal education refers to the right of the state to guarantee that all citizens can receive equal education according to their abilities. “Ability” here means materials suitable for receiving education, and “equally” means that the right to receive education cannot be discriminated against based on race, gender, religion, or economic power. However, the right to receive education “equally according to ability” in Article 31 Paragraph 1 of the Constitution requires a new interpretation and establishment of policies according to changes in social structure and times. For the people, the right to receive education is a means by which each individual can develop individuality in the field of life, cultivate various abilities and qualifications necessary for vocational activities, and be equipped with the qualifications as a democratic citizen. It is an important means for the establishment of a social state through Therefore, it is required to establish and establish detailed and specific educational policies and systems to achieve the comprehensive and complex goals of both. On the other hand, the guarantee of the right to receive education equally according to ability ultimately depends on the attitude of the state and local governments. In other words, it will depend on how the state and local governments prepare and implement policies to minimize the gap in educational conditions, such as supply and demand for teachers or securing educational finances between regions so that learners can receive an equal education. The state needs to consult with local governments in establishing and implementing policies to improve educational facilities and educational conditions in order to effectively guarantee the right to receive equal education according to students' abilities. Since the reduction of the school-age population and the resolution of the educational gap due to the occurrence of regional disparities are prerequisites for the practical guarantee of the right to receive an equal education according to ability, the state needs to make efforts for this.