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@article{ART001317859},
author={KIM MINBAE},
title={School Land Fees and Compulsory Education System},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={43},
number={1},
pages={415-440}

TY - JOUR
AU - KIM MINBAE
TI - School Land Fees and Compulsory Education System
JO - Public Land Law Review
PY - 2009
VL - 43
IS - 1
PB - Korean Public Land Law Association
SP - 415
EP - 440
SN - 1226-251X
AB - This paper will analyze the issues surrounding on the ‘school land fees and compulsory education system’. The Constitutional Court decisions review on the unconstitutional 2005 and the constitutional decisions 2008, include of the theory and precedent. The following are key issues. First, what is the nature of the fees? How to interpret the Constitution Article 31. School land fees can be used to fund the need for education when reflecting on the principle of free compulsory education. Second, who is responsible for the charge? Are responsible for business development, or Country, Apartment residents? Third, what is the criterion for levying of taxes. Is reasonable that charge based on the number of households? What would violate the constitutional principle of equality that based on the number of households? The Review was the following points. First, the school land was the analysis of tax and education finance. Fees and the principle of compulsory education free of charge ; cost of compulsory education and school facilities; education and the reality of financial limitations; The rule of law and the principles of education. Second, the principle of equality and the school land was to review the issues surrounding the charge. In other words, the school land fees and standards ; fees and necessity ; the burden of separate legal personality; tax and constitutional requirements justify. Third, the constitutional standards and verification of analysis for the school site fees. the constitutional standards and foreign case ; Constitutional Court and the standards applied ; tax countries and rates country. The conclusion of this article as follows. The nation's educational goals is the implementation of the Constitution, education system. And people should be guaranteed the right to education. But the guarantee of the right to education should reflect the financial situation in national and local governments. In that perspective, the Constitutional Court has decided the school land was valid charge. It's a very reasonable decision, October 2008. Because it is a decision, considering the financial and the reality of education in Korea
KW - 교용지부담금(School land fees);의무교육제도(Compulsory education system);교육재정(Education Finance);평등원칙(the principle of equality);재정부담(Financial burden)
DO -
UR -
ER -

KIM MINBAE. (2009). School Land Fees and Compulsory Education System. Public Land Law Review, 43(1), 415-440.

KIM MINBAE. 2009, "School Land Fees and Compulsory Education System", Public Land Law Review, vol.43, no.1 pp.415-440.

KIM MINBAE "School Land Fees and Compulsory Education System" Public Land Law Review 43.1 pp.415-440 (2009) : 415.

KIM MINBAE. School Land Fees and Compulsory Education System. 2009; 43(1), 415-440.

KIM MINBAE. "School Land Fees and Compulsory Education System" Public Land Law Review 43, no.1 (2009) : 415-440.

KIM MINBAE. School Land Fees and Compulsory Education System. Public Land Law Review, 43(1), 415-440.

KIM MINBAE. School Land Fees and Compulsory Education System. Public Land Law Review. 2009; 43(1) 415-440.

KIM MINBAE. School Land Fees and Compulsory Education System. 2009; 43(1), 415-440.

KIM MINBAE. "School Land Fees and Compulsory Education System" Public Land Law Review 43, no.1 (2009) : 415-440.