[국가공무원법위반][공1990.11.1.(883),2114]
(a) Whether Article 66 (1) of the State Public Officials Act is violated in a case where a State public official commits a collective act for the labor union of the national school personnel in a motive to correct the structural contradiction of education (affirmative);
B. Whether Article 66(1) of the State Public Officials Act prohibiting the collective action of state public officials violates the Constitution (negative)
A. If a state public official commits a collective act for the National Teachers’ Union’ Labor Campaign, it does not affect the establishment of an offense in violation of Article 66(1) of the State Public Officials Act even though it comes from the structural contradiction of education.
(b)Article 66(1) of the State Public Officials Act that provides that state public officials shall not engage in collective action for labor movements shall not violate the Constitution that guarantees equal rights, freedom of assembly and association, autonomy of education, expertise, political neutrality, etc.
(b)Paragraph 1 of Article 6 of the State Public Officials Act, article 11, article 21, article 31, paragraph 4 of the Constitution;
B. Supreme Court Decision 90Do332 delivered on April 10, 1990 (Gong1990, 1104) 90Do497 delivered on May 11, 1990 (Gong1990, 1305) 90Do77 delivered on June 8, 1990 (Gong1990, 1498) 90Do957 delivered on June 26, 1990 (Gong1990, 1640), 90Do9618 delivered on July 13, 1990 (Gong190, 1753) (Gong190, 1829)
Defendant 1 and one other
Defendants
Cheongju District Court Decision 89No562 delivered on May 24, 1990
All appeals are dismissed.
We examine the grounds of appeal.
If the Defendants, as stated in its holding, committed a collective act for the labor campaign of the Korean Teachers' Union, it does not violate the provision of guaranteeing equal rights, freedom of assembly and association, autonomy of education, expertise, political neutrality, etc. under the Constitution, even though it was derived from the purpose of correcting the structural contradictions of education, which does not affect the establishment of a crime in violation of Article 66(1) of the State Public Officials Act, and which prevents state public officials from engaging in collective act for the labor campaign (see Supreme Court Decision 90Do332, Apr. 10, 1990).
All arguments are groundless.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Ansan-man (Presiding Justice)