고교학점제 정책의 헌법적 검토: 교육기회의 실질적 평등과 학습자·교사 권리 보장을 중심으로

This article aims to analyze the constitutional issues raised by the full implementation of Korea’s high school credit system (HSCS) in 2025, with particular focus on the constitutional right to education, especially the substantive equality of educational opportunity and the guarantees of educational autonomy and professionalism. To this end, it examines Article 31 of the Constitution and relevant Constitutional Court decisions, the Framework Act on Education and key HSCS policy documents, analyzing the legal structure and actual operation of the HSCS. The analysis shows that, in small rural schools, factors such as teacher shortages, disadvantages in grade calculation and university admissions, reliance on online joint curricula, the assignment of liberal arts subjects to non-specialist teachers, and the introduction of minimum achievement guidance and online-centered instruction restrict students’ subject choice and educational autonomy, while also weakening teachers’ autonomy in curriculum planning, teaching, and assessment, thereby undermining educational professionalism. In contrast, German state education laws and Finnish arrangements for assessment and school autonomy provide more robust protection for the rights of students and teachers. In light of this, the article identifies constitutional and policy tasks, including amending the Framework Act on Education to explicitly guarantee students’ right to choose subjects and teachers’ rights in curriculum planning and assessment, strengthening support for rural schools, reforming evaluation and university admissions systems, and enhancing teachers’ professionalism in subject-based and online instruction.