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Main Issues
Whether Article 66 (1) of the State Public Officials Act prohibiting collective action against a public official 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
[Plaintiff-Appellee] Plaintiff 1 and 2 others (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellee)
Escopics
Defendant
upper and high-ranking persons
Defendant
Judgment of the lower court
Daegu District Court Decision 89No1675 delivered on February 2, 1990
Text
The appeal is dismissed.
Reasons
The defendant's grounds of appeal are examined.
Article 66(1) of the State Public Officials Act cannot be deemed as a law that violates Articles 11(1), 21(1), 31(4), and 33(b) and 37(2) of the Constitution, and there is no reason to discuss (see Supreme Court Decision 90Do332, Apr. 10, 190).
Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Jae-sung (Presiding Justice)