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(영문) 대법원 1990. 7. 13. 선고 90도961 판결
[국가공무원법위반,방실퇴거불응][공1990.9.1.(879),1753]
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 public officials cannot be deemed as violating the Act of Article 6, Article 10, Article 11, Article 21, Article 31(4), Article 33(b), Article 37 of the Constitution.

[Reference Provisions]

Article 6(1) of the State Public Officials Act, Articles 6, 10, 11, 21, 31(4), 33 and 37 of the Constitution of the Republic of Korea

Reference Cases

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) 90Do498 delivered on June 26, 1990, 90Do957 delivered on June 26, 1990 (Gong190, 1640)

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Jeonju District Court Decision 89No561 delivered on April 11, 1990

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Article 66(1) of the State Public Officials Act cannot be deemed as a law in violation of Articles 6, 10, 11, 21, 33, 31, 31, 33(4), and 37 of the Constitution, and (see Supreme Court Decision 90Do332 delivered on April 10, 190; Supreme Court Decision 90Do77 delivered on June 8, 1990). The argument on unfair sentencing in this case does not constitute a legitimate ground for appeal. 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 Park Yong-dong (Presiding Justice)

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심급 사건
-전주지방법원 1990.4.11.선고 89노561