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(영문) 헌재 2008. 4. 22. 선고 2008헌마277 결정문 [학교보건법 시행규칙 제3조의3 제1항 위헌확인]
[결정문] [지정재판부]
Cases

Article 3-3 (1) of the Enforcement Rules of the School Health Act shall confirm the unconstitutionality of Article 2008HunMa277

Claimant

○○ Kim & 1 other

Attorney Park Ho-ju, Kim Jong-ok of the claimant's representative

Text

The appellant's appeal shall be dismissed.

Reasons

1. Case summary and the object of the trial;

A. Case summary

On March 1, 2008, the petitioners were designated as the manager of environmental sanitation affairs from the head of each school on March 1, 2008. The petitioners asserted that Article 3-3(1) of the Enforcement Rule of the School Health Act, which stipulates that the above affairs shall be irrelevant to the education of students of teachers and that teachers may be designated as the manager of the affairs, even though teachers are not teachers, they may be designated as the manager of the affairs. The petitioners claimed the constitutional complaint of this case on March 24, 2008.

(b) Object of adjudication;

Article 3-3 (1) of the Enforcement Rule of the School Health Act (amended by the Ordinance of the Ministry of Education and Human Resources Development No. 905 on March 26, 2007) (hereinafter referred to as the "Enforcement Rule of this case") and the contents thereof are as follows.

Enforcement Rule of the School Health Act

Article 3-3 (Designation and Education of Environmental Sanitation Manager) (1) The head of a school shall designate a person who manages the affairs concerning environmental sanitation (hereinafter referred to as the "environmental sanitation manager") from among the teachers and staff under his/her control in order to maintain and control the environmental sanitation in school buildings under the provisions of Article 4 of the Act.

2. Determination

A constitutional complaint under Article 68 (1) of the Constitutional Court Act may be filed by a person whose fundamental rights guaranteed by the Constitution are infringed by the exercise or non-exercise of the public authority. In cases where the exercise or non-exercise of the public authority does not affect the legal status of the person who wishes to request a constitutional complaint, the constitutional complaint against the exercise or non-exercise of the public authority is not allowed

Even if the claimant may be designated as an environmental sanitation manager who maintains and manages environmental sanitation in school buildings (school buildings) due to the instant Enforcement Rule, the disadvantage that the claimant is entitled is limited to the increase in the burden of business related to the administration of schools, and does not have any influence on the legal status of the claimant as a teacher, so there is no possibility that the basic rights asserted by the claimant may be infringed due to the instant Enforcement Rule.

Therefore, the appellant's request for a trial is unlawful and its defect cannot be corrected, and it is dismissed in accordance with Article 72 (3) 4 of the Constitutional Court Act. It is so decided as per Disposition by the assent of all participating Justices.

April 22, 2008

Judges

The presiding Justice Lee Jae-chul

Justices Kim Jong-dae

Justices Song Du-hwan

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