학생회의 헌법적 근거에 대한 고찰: 숙의민주주의와 민주시민교육을 중심으로

The ‘right to receive an education,’ stipulated in Article 31, Paragraph 1 of the Constitution, encompasses the right for students to make their own decisions and freely develop their personalities. In particular, student council activities are noteworthy for providing core experiences essential for realizing the values of deliberative democracy. Democracy acquires substantial meaning not merely through majority rule, but when it is internalized through 'deliberation' based on discussion, publicity, consensus, and accountability. To this end, schools need to support student self-governing activities, such as by guaranteeing necessary time, space, and resources for the student council. In this context, the right to student self-governance can be considered a fundamental right, and its infringement by govermental power could be subject to a constitutional complaint. However, current laws merely state that student self-governing activities are encouraged and protected, while regulations concerning the legal status and operation of the student council remain insufficient. On the other hand, counterarguments may arise suggesting that the scope of student self-governance should be narrowly limited, based on grounds such as the general immaturity of students and the principle of political impartiality in education. However, it is inappropriate to equate the level of morality and autonomy of adolescents with that of children. Furthermore, excessively restricting experiences of political deliberation and participation - essential elements of democratic citizenship education - by interpreting political impartiality in education in an exclusionary and formalistic manner is problematic. Rather, it is believed that a balance can be struck through ‘inclusive neutrality’, which promotes student-led discussion and consensus-building without imposing partisanship or engaging in agitation.