업무방해등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal by the defendant is too unreasonable in light of the fact that the defendant's child suffers from difficulties in school adaptation and submits it to a foreigners' school in accordance with F's recommendation and guidance, by acquiring an over-the-end passport, and submitting it to the foreigners' school as stated in the judgment of the court below, which led to each of the crimes of this case, the punishment of the court below (ten months of imprisonment, two years of suspended execution, two years of suspended execution, forfeiture No. 1, 200 hours of imprisonment), is too unreasonable.
The gist of the grounds for appeal by the prosecutor is that the sentence of the court below is too unfasible in light of the seriousness of the crime.
2. The number of parents wishing to study abroad in Korea due to various causes, such as globalization, economic growth, educational environment, etc. at a rapid rate of determination increases, and the demand for completing the course of study in Korea prior to studying abroad is also expanding. On the other hand, our law allows foreigners to enter a foreigners’ school, except free economic zones and Jeju Special Self-Governing Province, and only those who have resided in a foreign country for a certain period, and there is room for imbalance between demand and supply.
However, as the phrase "the ten-year area of the nation" states, education for the people is the core policy of the nation, which is the material and human basis of the nation, and how to determine its contents and methods, and the direction can not be easily determined without the consensus of all the people. Thus, the Constitution stipulates that all the people are obliged to have the children under their care receive elementary education and education within the scope determined by the law (Article 31(2) of the Constitution of the Republic of Korea). This constitutes the limitation on the right to receive education guaranteed by the Constitution or the right to freedom of action derived from the general right to freedom of action.