In addition, the consignment relationship of compulsory education for middle schools is a public law relationship established by the relevant statutes, such as Article 12(3) and (4) of the Elementary and Secondary Education Act, and it is difficult to view that the provisions on the mandatory agent’s right to claim reimbursement of expenses under Article 688 of the Civil Act, which aims to coordinate private interests on the basis of free will between equal parties.

1. A. Article 31(3) of the Constitution provides that “Compulsory education shall be provided free of charge” refers to an order to transfer compulsory education expenses from the direct burden of individual guardians of the school-aged children to the community’s whole cost, and 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 (see Constitutional Court en banc Order 2007Hun-Ga1, Sept. 25, 2008).

B. (1) Article 12(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 persons subject to compulsory education shall not receive tuition fees and school operation support funds from persons subject to compulsory education,” specifying the principle of free compulsory education under such Constitution. In addition, Article 37 of the Local Education Autonomy Act provides that ① the fees of teachers engaged in compulsory education and other expenses related to compulsory education shall be borne by the State and local governments under the conditions 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, and parents, etc. under the conditions as prescribed by the Local Education Subsidy Act. In addition, Article 11(1) of the Local Education Subsidy Act provides that expenses related to education and art 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 from the State and local governments among the financial resources of the special account for educational expenses, ② the expenses related to compulsory education shall be covered by the school fees of the State and local governments.

(2) Meanwhile, Articles 43 and 51 of the Private School Act provide that, if deemed necessary for the promotion of education, the State or a local government may grant subsidies or provide other support to school juristic persons or operators of private schools, etc. who have applied for subsidies, as prescribed by ordinances, etc. of the relevant local government, to support private school education. According to the Seoul Special Metropolitan City Ordinance on the Financial Support for Private Schools by delegation, the defendant supports “financial deficiencies” which are the difference between the standard amount of financial revenue from the standard amount of financial revenue in the year of support determined by the defendant’s Superintendent of an Office of Education so that private middle schools, etc. can receive education at the level of public school. However, since the above standard amount of financial revenue determined by the defendant’s Superintendent of an Office of Education is composed of admission fees, tuition fees, and money transferred to school juristic persons, middle schools, etc. entrusted with education subject to compulsory education may be compensated for the shortage

(3) Ultimately, with respect to the burden of compulsory education expenses, the current statutes are realizing the principle of free compulsory education under the Constitution by assisting private middle schools entrusted with compulsory education by providing financial deficiencies to private schools with the financial resources of the State subsidies and the special accounts for educational expenses of local governments created by the general accounts of local governments, which are the financial resources of the special accounts for educational expenses of local governments.

(4) In addition, under Article 5 of the Private School Act, an educational foundation has the obligation to have the facilities and equipment necessary for the establishment and operation of the private school and the property necessary for the operation of the school concerned, and even a private middle school entrusted with compulsory education enjoys certain autonomy concerning the formation of educational curricula according to its establishment ideology and the appointment and dismissal of school personnel in the area other than the execution of compulsory education. Thus, it is difficult to deem that it would be difficult to deem that it would ultimately go against the substantial justice and equity to have the school foundation bear the basic expenses required for the operation of the school imposed by the law.

C. In full view of the legislative purport and structure on the gratuitous and cost-sharing of compulsory education, this case’s legal provision merely provides that parents, etc. of persons subject to compulsory education are liable to form and operate educational finance with the State and local governments so that they do not bear expenses related to compulsory education, such as school personnel’s remuneration, in order to ensure equal opportunities for education according to the principle of no compulsory education stipulated by the Constitution, regardless of their economic ability, and further, it cannot be deemed that the purport of this case’s legal provision is to ultimately provide for the purport that school juristic persons should bear expenses already borne by school juristic persons in relation to the school juristic persons establishing and operating private schools entrusted with compulsory education, etc.

D. In addition, the consignment relationship of compulsory education for middle schools is a public law relationship established by the relevant statutes, such as Article 12(3) and (4) of the Elementary and Secondary Education Act. It is difficult to deem that the provisions on the mandatory manager’s right to claim reimbursement of expenses under Article 688 of the Civil Act, which aim to coordinate private interests on the basis of free will between equal parties, are applied mutatis mutandis.

2. In the same purport, the court below is just in holding that the legal provision of this case does not stipulate that a school foundation which establishes and operates a private school entrusted with compulsory education should ultimately bear the corporate charges pursuant to Article 47 of the Pension for Private School Teachers and Staff Act and Article 67 (1) of the former National Health Insurance Act, and that the above legal provision of this case does not have a specific right in public law to seek reimbursement against the local government for expenses related to compulsory education. In so doing, the court below did not err by misapprehending the legal principles on the interpretation of the legal provision of this case.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young (Presiding Justice)