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논문 기본 정보

저자정보
(군산대학교)
저널정보
한양법학회 한양법학 한양법학 제33권 제1집(통권 제77집)
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    초록·키워드

    Public officials have a ‘dual status’: that of a public official and that of a general citizen. Public officials are subjects of basic rights who enjoy basic rights, and restrictions on basic rights can be made wider and stronger than those of the general public. Restricted political activities for public officials are, in principle, requested to be related to political parties or elections, and it is desirable to allow other political activities as much as possible.
    Since public officials are both public officials and private persons, they should be able to enjoy their basic rights as a general private member to the maximum extent possible outside of working hours or while performing their duties.
    In particular, when a public official does not use public facilities or exercise his authority outside of working hours, this should be regarded as an act as a private person, not as a public official. Nevertheless, if these actions are restricted on the grounds of the establishment of a public official"s working discipline or political neutrality, it violates the principle of least infringement.
    In order to secure the political neutrality of education, it is necessary to fundamentally examine whether it is necessary to restrict the election campaign of education officials comprehensively and completely.
    The provision of the prohibition of election campaigns for educational public officials under the current “Public Official Election Act” completely prohibits all election campaigns for educational public officials. Since the political neutrality of education officials can be said to be a means to secure the political neutrality of education, it is necessary to prepare a monitoring and control device to prevent the education conducted by teachers, who are actually educational officials, from undermining political neutrality. I"d say it can be secured enough.

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      UCI(KEPA) : I410-ECN-0101-2022-360-001169141