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(영문) 대법원 2016.08.25 2013두14610
보육수당지급
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. Article 46(5) of the State Public Officials Act provides that “No money or valuables may be paid as remuneration of public officials unless it is provided for by this Act or other Acts.” Article 47(1) provides that “matters falling under any of the following subparagraphs concerning the remuneration of public officials shall be prescribed by Presidential Decree.” Article 31 of the Rules on the Remuneration of Public Officials provides that “Any public official may pay necessary allowances in addition to his/her salary within budgetary limits” (Article 46(1)) and “the types, scope of payment, amount of payment, and other matters necessary for the payment of allowances shall be prescribed by Presidential Decree” (Article 47(2)).

In addition, the provisions on public officials' allowances are divided into bonus allowances, household preservation allowances, special area allowances, etc., and the provisions stipulate that the allowances shall be calculated and paid within the scope of the budget by the method prescribed in the relevant provisions.

Meanwhile, according to Articles 21(4), 29, and 30 of the National Finance Act, “specific classification standards of the budget and classification according to the nature of each tax and each expense” regarding the national revenue and expenditure budget are determined by the Guidelines for Formulation of Budget Bill prepared by the Minister of Strategy and Finance.

As such, the State Public Officials Act provides the so-called “legal principle of working conditions” with respect to the remuneration, etc. of public officials.

Since a public official has a special status as a servant for all citizens based on the professional public official system under Article 7 of the Constitution, it is reasonable to determine the working conditions in the National Assembly representing the entire citizens' will, as well as the remuneration, etc. of public officials are paid from the national budget, so the National Assembly with the authority to decide the budget bill in accordance with Article 54 of the Constitution is a law that reflects the budget consideration.

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