지원금교부청구
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1.(a)
Article 31(3) of the Constitution provides that “Compulsory education shall be free of charge” means an order to transfer compulsory education expenses from the direct burden of each guardian of the school-aged children to the community as a whole in order to guarantee the right to receive education more effectively, and it does not mean that the cost of compulsory education should be resolved solely by the budget, i.e., the tax of the State or local government.
Constitutional Court Order 2007HunGa1 Decided September 25, 2008 (see Constitutional Court Order 2007HunGa1 Decided September 25, 2008)
(1) Article 14(4) of the Elementary and Secondary Education Act provides that “The founders and managers of national and public schools, and founders and managers of private schools entrusted with the education of persons subject to compulsory education shall not collect tuition fees and school operation support funds from persons subject to compulsory education.”
In addition, Article 37 of the Local Education Autonomy Act provides that the State and local governments shall bear expenses incurred in relation to compulsory education, etc. (1) remuneration for teachers engaged in compulsory education, and other expenses related to compulsory education, as prescribed by the Local Education Subsidy Act, and (2) the expenses related to education other than compulsory education shall be borne by the State, local governments, parents, etc., as prescribed by the Local Education Subsidy Act.
In addition, Article 11 (1) of the Local Education Subsidy Act shall be borne by the special account for educational expenses of the relevant local government, and ① The expenses related to compulsory education shall be covered by the subsidies of the State and the money transferred from the general account of the local government among the financial resources of the special account for educational expenses. ② The expenses related to education other than compulsory education shall be covered by the State subsidies, the money transferred from the general account of the local government, tuition fees and other expenses related