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Critical Review and Revision of Article 31, Section 1 of the Constitution for the Korean Education
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헌법 제31조 1항의 비판과 개정 방향

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Type
Academic journal
Author
Journal
대한교육법학회 교육법학연구 교육법학연구 제25권 제2호 KCI Accredited Journals
Published
2013.1
Pages
163 - 194 (32page)

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Critical Review and Revision of Article 31, Section 1 of the Constitution for the Korean Education
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Abstract· Keywords

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The educational philosophy of Article 31 in connection with education-related provisions of the Constitution contains basic interpretation and rational abstraction about sub-laws, society, direction, system, implementation, course, and evaluation of the results in each field. Is this Article 31, there are compulsory education, university education, and lifelong education. But there are lacked of course education in high school and pre-school education. "Everyone has the right to education equally according to their abilities." In this section 1, the biggest problem according to the education is rised to ranks, when students are educated by "ability", Students' abilities can not be guaranteed in high school and college. Compulsory, gratuitous, common, and basic education require appropriate changes to that section. And then we focus on high school education in particular. In the present study that is required from different direction of course in a different education. Now it is lacked the course education of the high school in Constitution. Basic and fundamental education is the right to education without discrimination in everyone. And deepening, special and professional education should be educated with the modest standards. In this study, there are based on analysis of education from sub-laws, purpose and philosophy of education, functions of various education systems, developmental stages of learners, characteristics of the courses, and needs of society. Article 31 of the Constitution should be "All citizens in spite of their differences have the right equally to compulsory and gratuitous education." And then, the additional terms and conditions of Section 3 or later should be recommended, "Everyone has the right to education as appropriate standards according to their courses and vocational aptitudes"

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