Whether Article 66 (1) of the State Public Officials Act prohibiting collective actions by public officials is unconstitutional (negative)

The provision of Article 66 (1) of the State Public Officials Act prohibiting collective action by a public official is a violation of the right to equality under Article 11 of the Constitution, Article 21 of the Constitution, media, publishing, meeting, freedom of association, guarantee of autonomy, etc. of education under Article 31 (4) of the Constitution, Article 33 of the Constitution, or Article 37 (2) of the Constitution, and Article 37 (2) of the Constitution.

Article 66 of the State Public Officials Act, Articles 11, 21, 31(4), 33 and 37(2) of the Constitution of the Republic of Korea

Supreme Court Decision 90Do497 delivered on May 11, 1990 (Gong1990, 1104) (Gong1990, 1305) 90Do77 delivered on June 8, 1990 (Gong1990, 1498) 90Do331 delivered on June 8, 1990 (Gong1990, 1498)

Defendant

Defendant

Jeonju District Court Decision 89No477 delivered on April 11, 1990

The appeal is dismissed.

We examine the Defendant’s grounds of appeal.

Article 66 (1) of the State Public Officials Act is a view that the provision of Article 66 (1) of the State Public Officials Act cannot be deemed as a violation of Article 11 of the Constitution of the Republic of Korea, Article 21 of the Constitution, press, publication, assembly, and association provision, Article 31 (4) of the Constitution, Article 33 of the Constitution, Article 37 (2) of the Constitution, or Article 37 (2) of the Constitution, and Article 66 (1) of the State Public Officials Act cannot be deemed as a violation of Article 66 (1) of the State Public Officials Act, since the provision of Article 66 (1) of the State Public Officials Act is invalid because it violates the provisions of the Constitution of the Republic of Korea, and thus, the judgment of the court below that convicted the defendant by applying the above provision of the Act is unlawful.

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

Justices Lee Chang-chul (Presiding Justice)