The purpose of this study is to find out legislative implications about a permissible range of the teachers’ political fundamental rights. In order to accomplish the above purpose, 1) political neutrality of education and public servant were analysed according to constitutional suitability, 2) current laws, Constitutional Court Case and a point in dispute ware analysed, 3) necessary improvement plans were sought. The research findings and implications of this study are as follows: First, political neutrality of education and public servant is not unconditional restriction. So comprehensive restriction of teachers political fundamental rights is unconstitutional. Second, current laws are prescribed according to division of individual and organization, not object and scene. And it causes comprehensive restriction of teachers political fundamental rights regardless of relation of duty. Finally, The laws concerning with teachers political fundamental rights have to be represcribed from an angle of principled permission and exceptional prohibition. And the standard of prohibition is objectivity and justice in performance of teachwers’ duties.