사립고등학교의 종교교육의 자유와 청소년의 권리

다국어 초록 (Multilingual Abstract)

Korean society has maintained fairly generous attitudes to the religions compared with foreign countries so far. For an example, it has given tacit consent for the private schools to compel the students, directly or indirectly, to enroll the religion courses and to participate in the religious meetings held by the schools themselves that claimed to stand for the specific religions as their ideas of education. By the way, many big cities in Korea including Seoul have adopted the lottery system for high school entrance up to these days. As a result, the high school students who didn't choose the high school at their own will have been compelled to enroll the religion courses and to participate in the religious meetings held by the school after they come into the high school. This brought the issue of whether the coercion by the school infringed upon the constitutional rights of the students such as the freedom of belief.
This issue became the main issue in Kang Eui-Seok case who attended Dae-gwang High School. In the first instance of the case where the former high school student named Kang Eui-Seok brought the suit against Dae-gwang High School for his damages incurred by the school's infringement upon his freedom of belief and the expulsion of him from the school, Seoul District Court ruled against the school. However, Seoul Higher Court ruled for the school in the second instance.
This paper aims at examining the rights of the youths such as the freedom of belief and the right of self-determination of the high school students by analyzing the Seoul Higher Court's decision and criticizing the problems in the reasoning of the decision.
To achieve this aim, first of all, this paper reviews the summary of the decision by Seoul High Court, compares it with the summary of Seoul District Court's decision, and explores what kind of constitutional rights could be invoked by the school and by the student. And then, it explains the case in terms of the conflicts of the constitutional rights as well as the balancing of the interests, compares the case with similar cases in the United States and Germany, and finally analyze the case in terms of the protection of the rights of the minority.

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