전광석 교육헌법론의 전개와 계승 = A Development and Succession of Prof. Cheon Kwang-Seok’s Constitutional Law of Education Theory

다국어 초록 (Multilingual Abstract)

The purpose of this article is to organize the outlines that Professor Cheon Gwang-seok(hereafter ‘Cheon’) presented regarding the constitutional discipline in the field of education and to track and present how disciples are continuing the discussion on constitutional law of education. To achieve this purpose, we first looked for Cheon's writings on constitutional law of education and summarized the background and main contents of the discussion(Ⅱ). I also explored what characteristics Cheon's constitutional law of education theory has and how those characteristics are being inherited and developed by disciples(Ⅲ). Finally, the article was concluded by summarizing the above discussion(IV).
As a result of the discussion, Cheon published a total of 7 papers on constitutional law of education. If we classify this according to the type of text, there are 5 articles, 1 conference discussion paper, and 1 textbook. And if I classify it by level of education, there is 1 paper about elementary and secondary education, 4 papers about higher education, and 2 papers about complex issues.
Cheon's constitutional law of education theory argued for discriminatory discipline based on the differences between elementary&secondary, and higher education, and presented a critical view of the 「Framework Act on Education Act」 and the 「Private School Act」, which integrate and regulate eelementary&secondary, and higher education, determine who the parties are in the field of education, develop a theory of legal relationships between them, project a deep understanding of constitutional theory into the field of education based on an understanding of the autonomy of education, and provide an opportunity to view education from the perspective of welfare state theory. The fact that it was prepared can be said to be a major feature. These characteristics of Cheon's constitutional law of education theory were passed down to disciples, including I, and were sometimes argued as such and sometimes applied to solve other real-world legal problems. And some of them were expanded.