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Main Issues
Whether Article 66 (1) of the State Public Officials Act concerning the prohibition of collective action by public officials is unconstitutional (negative)
Summary of Judgment
Article 66 (1) of the State Public Officials Act prohibiting collective action by a public official is not a law that violates Articles 11 (1), 21 (1), 31 (4), 33 (b) and 37 (2) of the Constitution.
[Reference Provisions]
Article 66(1) of the State Public Officials Act, Articles 11(1), 21(1), 31(4), 33 and 37(2) of the Constitution of the Republic of Korea
Reference Cases
Supreme Court Decision 90Do332 delivered on April 10, 1990 (Gong1990, 1104) 90Do497 delivered on May 11, 1990 (Gong1990, 1305) 90Do331 delivered on June 8, 1990 (Dong)
Escopics
Defendant
upper and high-ranking persons
Defendant
Judgment of the lower court
Daegu District Court Decision 89No1513 delivered on December 1, 1989
Text
The appeal is dismissed.
Reasons
As to the Defendant’s ground of appeal
Article 66(1) of the State Public Officials Act cannot be deemed as a law in violation of Articles 11(1), 21(1), 31(4), 33(b) and 37(2) of the Constitution. The arguments are groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yoon Young-young (Presiding Justice)