[1] The meaning of "collective action for labor campaign or other activities other than official duties" prohibited by Article 58 (1) of the Local Public Officials Act

[2] The case holding that the act of a public official belonging to the regional headquarters of the Korean Public Officials' Union taking part in an assembly for the purpose of clarifying the vicarious administrative execution, etc. of the local government constitutes "collective activity for labor movement or other activities other than public services" prohibited under Article 58 (1) of the Local Public Officials Act

[1] Article 58 (1) of the Local Public Officials Act / [2] Article 58 (1) of the Local Public Officials Act

[1] Supreme Court Decision 90Do2310 decided Feb. 14, 1992 (Gong1992, 1078) Supreme Court Decision 2004Do5035 decided Oct. 15, 2004 (Gong2004Ha, 1904)

Defendant

Defendant

Attorney Shin Young-hoon

Gwangju District Court Decision 2007No1723 Decided November 30, 2007

The appeal is dismissed.

The grounds of appeal are examined.

Article 58(1) of the Local Public Officials Act does not mean any collective act conducted by public officials for any work that does not belong to public duties, but means any collective act that affects the public interest by comprehensively taking into account the legislative purport of Article 21(1) of the Constitution guaranteeing the freedom of speech, publication, assembly, and association, the duty of good faith and duty of care under the Local Public Officials Act, etc. (see Supreme Court Decision 2004Do5035, Oct. 15, 2004). Meanwhile, “act that does not violate social rules” under Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall legal order, social ethics or social norms surrounding it, and whether certain act constitutes legitimate act that does not violate social rules, and thus, it should be reasonably considered whether the act is justified as a legitimate act that does not violate social rules, as well as the legislative intent of the Local Public Officials Act, and the motive or balance of the act should be determined individually by taking into account the following specific circumstances to the extent that it does not constitute a legitimate act (see Supreme Court Decision 2000.

The court below held that the defendant's act of taking part in the assembly is "collective action for labor movement or other activities other than official duties" prohibited under Article 58 (1) of the Local Public Officials Act at the site of the assembly, which is held in collusion with 60 public officials belonging to the whole South-North regional headquarters of the Korean Public Officials' Union (hereinafter "major labor union") and jointly with social organizations, such as the Democratic Labor Union and Labor Unions, for the purpose of gathering major labor union and preventing administrative vicarious execution, etc. of the city. In light of the above legal principles, the court below's above determination is just, and there is no error in the misapprehension of legal principles as to Article 58 (1) of the Local Public Officials Act, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)