공무원과 기본권

초록

Public servants have legal obligations to enhance welfare of people. T raditionally, no special legal ground is needed in restricting basic human rights of public servants. It is called special power relationship. A s general condition of human rights is improved, that of public employees' is on the way of improvement in K orea. In this paper, I tried to explain the general condition of human rights protection of public servants in K orea. A fter 1987, so called democratization of society, civil servants wanted the right of labor union. A fter long history of struggle, public servants achieved the right to unite and to negotiate without the right to strike. T his limited power of labor union represents the condition or level of their human rights. W ith bad economic conditions, central and local government have plan a to reduce numbers of employees. T his compulsory retirement policy arouses a lot of legal problem as well as social problem. I stressed that due process of law is necessary for this case, too. A lthough this policy is welcomed by public, constitutional right of public servants is in danger. Because there seems to be no reasonable explanation for the reason why they are forced to quit the job. T he right to maintain office will help to protect their position. It means the right to serve for the people as long as they behave in accordance with the statutes. Still there is room for betterment of officials` human right condition. It is up to legislators and judges as well as themselves to protect human rights as written in the constitution.

키워드