독일 교육법상 대체교육의 법리

This paper aims to that how we understand the alternative school, and especially the homeschooling in our compulsory education system according to Article 31 (2) Korean Constitution, Article 8 (1) Framework Act on Education and Article 12, 13, 14 Elementary and Secondary Education Act. For this question to answer use the method of comparative study, and compose all structure in five sections. First, that is questioning and description about legal code of Constitution, Framework Act on Education and Elementary and Secondary Education Act. In this section researcher tries to analyse the meaning, structure and contents of Article 7 Grundgesetz, and the decision of the German Federal Constitutional Court. In second section, it is tried how does the institution of alternative education is regulated under the German Grundgesetz, Especially focused on education commission by the state, establishment and management of private school, how many proportion supported the private schools by state and how does the private school choose his members for teaching and managing the school administration. In third section, researcher takes view generally the structure and contents of Education Act of the Land Nordrhein-Westfalen, realization of alternative education through the private schools according to Education Act of the Land and the character of the supplement school and legal relationship to official public school. In the forth section, researcher takes one decision about Homeschooling which is a extended form of alternative education, and the Bremen Higher Administrative Court has taken decision on Feb. 03 2009. Through the analysing try to check the arguments both, the legal grounds why in Germany cannot be accepted Homeschooling under the obligation education system connected with Grundgesetz, State Constitution, furthermore the European Convention for the Protection of Human Rights and Fundamental Freedom and * This study was supported by the Research Program funded by the Seoul National University of Science and Technology.
28 敎育法學硏究 the European Community Law.
Above all summarized as conclusion researcher makes a suggestion, first, a school form reforming as like Gemeinschaftsschule(community school) in Germany that is started discussion since about then years. Second suggestion is that the Korea National Assembly should ameliorate the clause "unable to enter a school due to any unavoidable causes, such as a disease or undergrowth" that is Article 14 on the Elementary and Secondary Education Act. Especially it is needed the criterion for decision by educational authorities.