교육권의 평등 보장을 위한 헌법적 연구

Education is said to be the country's 100-year plan. Human history proves that education is an important factor in the survival and development of a nation. In particular, countries with insufficient resources, such as Korea, have no choice but to seek development by training human resources, so training human resources is more important than anything else. There is an essential relationship between talent training and national development. It is necessary because it is the function of education to cultivate talented people and cultivate the consciousness of citizens as members of the nation. Since modern times, education has mainly been public education led by the state. France changed from monarchical sovereignty to popular sovereignty through the Civil Revolution, and the people became the subjects of running the country. Basic education was needed for the people to run the country, and the French Revolutionary Constitution of 1791 stipulated education. After this, the people's right to receive education was introduced into the Constitution under the public education system, and it was also introduced into the Constitution of Korea in 1948. The guarantee of citizens' right to education has evolved from the right to equal education in the founding Constitution to the right to equal education according to ability in the current Constitution. Compulsory education was also expanded from elementary education to secondary education. And the Constitution emphasizes the neutral value of education by guaranteeing the independence, expertise, and political neutrality of education. In this way, the Constitution emphasizes equality in education and stipulates the legalism of the school system to guarantee education according to ability. Although the Constitution emphasizes equality in education, the educational reality does not meet the Constitution's requirements. As supplementary education through private academies becomes more and more intense each year, the reality is developing that education is dependent on the economic power of parents or guardians. The school system is no longer performing its role in public education. Even in early childhood education, the reality is unfolding that college entrance exam education takes precedence. Even in this reality where so-called private education is making public education worthless, the government is not taking any measures. In the field of education, the problem of infringement on the equal education rights of future generations is serious. This is not only a violation of the constitutional principle of equality, but also a problem connected to the low birth rate of people who are having difficulty bearing the burden of private education expenses that exceed their income level. If we do not solve the issue of equality in education, it will become difficult to solve the problem of population extinction due to low birth rates. The fact that the nation's education problems are focused on college entrance exams can be seen as a serious negative impact on our society. To solve this problem, a fundamental reform of the university education system is needed along with rational strengthening of school education. In addition, rather than focusing on piecemeal solutions to increase the number of medical schools, we must establish and promote an educational development plan for comprehensive national education and talent development for national development.