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(영문) 헌재 2003. 9. 25. 선고 2003헌마30 판례집 [공무원임용및시험시행규칙 제12조의3 위헌확인]
[판례집15권 2집 501~515] [전원재판부]
Main Issues

1. Criteria for review of the Constitutional Court with respect to discrimination related to basic rights.

Whether the attached Tables 10 and 11 (hereinafter “instant provisions”) of Article 12-3 of the Enforcement Rule of the Appointment and Examination for Public Officials and the attached Table 11 (hereinafter “instant provisions”) infringes on the applicant’s right to take official office and the right to equality in the examination of the state public officials of Grade 7, which does not add additional points to the qualification certificate of engineer higher than the class of engineer (negative)

Summary of Decision

1.If discrimination established by a legislative person causes discrimination related to a fundamental right, the Constitutional Court shall examine whether such discrimination is in compliance with the strict proportionality between the purpose and means beyond the arbitrary review or rationality review. In such cases, if the degree that equal treatment of persons or matters may adversely affect the exercise of freedom protected as a fundamental right is large, and if there is a narrow limit to the formation of legislators, the Constitutional Court shall apply more strict review measures.

2. The qualification for a technician is the lowest level of qualification in the field of technical and skill prescribed by national technical qualification laws and regulations, and there is no restriction on application for an examination, and compared to evaluating the ability to perform relevant duties with skilled skills in the field of the task in question, there are differences such as evaluation of the ability to apply for an examination, and evaluation of the ability to perform multiple functions based on the technical basic theory, knowledge or skilled skills in the field of the task in question, and the examination is more complicated. Meanwhile, although the provision of this case grants additional points to a technician in the examination of a public official of Grade 9 and does not grant them in the examination of Grade 7, it is common to obtain the qualification to grant additional points after the determination of the class, the applicant has the qualification for an industrial engineer examination, and the applicant has the qualification for an examination of an industrial engineer, and the examination results in the statistics of successful applicants.

It cannot be readily concluded that it is extremely difficult to obtain an industrial engineer qualification for information processing industry. In addition, while the provision of this case places more emphasis on computer utilization ability and network professional engineer qualification than the qualification certificate in the class 7 examination, the qualification certificate in the field of management of such affairs is commonly necessary and broad, and there is a difference in the rate of additional points, which differs from each other’s institutional characteristics.

In conclusion, the provision of this case is to achieve the legislative purpose to strengthen the expertise of public officials, and it does not deviate from the ability of the appointment applicant on the basis of the ability, expertise, aptitude, and character of the appointment applicant in the examination for public officials of Grade VII, and it does not exceed the appropriate proportionality between the legislative purpose and means.

Documents subject to adjudication;

Article 12-3 of the Enforcement Rule of the Examination for Appointment and Appointment of Public Officials (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 190 on December 31, 2002) (1) where a holder of the qualification certificate prescribed in attached Table 10 among the qualification certificates in the field of communication, information processing, and management of affairs under the National Technical Qualifications Act applies for the employment examination for public officials of Grade VI or lower (including researchers and instructors in the case of a special examination for employment, limited to the case of a written examination, and excluding the employment examination for computer series), the score of each subject of the written examination shall be added to the score of each subject of the written examination at the highest point of not more than three percent of the full score of the examination in the attached Table 10. In such cases

(2) Where a holder of qualification certificates prescribed in attached Table 12 among the qualification certificates under the National Technical Qualifications Act or other Acts and subordinate statutes applies for the employment examination for Grade VI or lower (including researchers and instructors), and for the employment examination for public officials in technical service (limited to where a written examination is subject to a written examination in cases of a special employment examination, and excluding the cases of a class of position prescribed in attached Table 3 and a special employment examination under Article 28 (2) 2 of the Act), the scores prescribed in attached Table 11 shall be added to the scores for each subject of the written examination with a highest point of less than five percent of the full scores of the examination. In such cases, where two or

(3) Where the qualification certificate is commonly subject to the addition under paragraphs (1) and (2), only one certificate favorable to the principal shall be added.

(4) The addition under paragraphs (1) and (2) shall apply only to persons who gain not less than 40 points in each subject.

[Attachment 10] List of Additional Rate of Qualification in Telecommunications, Information Processing and Affairs (Related to Article 12-3)

Grade 6 and 7 in general service in the field of communication and information processing, research companies, instructors' information management specialists, computer-based application professional engineers, information processing engineers, computer-based professional engineers, information processing technicians, 3% of industrial engineer, information processing industrial engineer, information processing industrial engineer, information processing industry engineer, information processing engineer, information processing engineer, electronic-based system application engineer, industrial engineer, information processing engineer, information processing-based industrial engineer, information processing-based industrial engineer, information processing-based industrial engineer, information processing-based organization application engineer, information processing-based industrial engineer, information processing-based industrial engineer, information processing-based organization operation technician, 2% of information processing engineer, information processing engineer, 2% of general service in general service, 2% of information processing engineer, 1.5% of computer-based ability, 1.5% of computer utilization ability, 2% of computer-based professional engineer, 3rd class 0.5% of computer utilization ability, 3rd class 3rd class 0.5% of computer utilization ability.

[Attachment 11] List of Additional Rate of Qualification by Sector (Related to Article 12-3)

1. Additional rate of the certificate of qualification in the field of administration and public security: Omitted;

2. The rates set out in the addition rates in the fields of research and technical service (including guidance service) and technical service shall apply.

The rate of addition for qualification certificates prescribed by other Acts and subordinate statutes, other than the National Technical Qualifications Act, shall be the rate of addition prescribed by attached Table 12 or the rate of addition for qualification certificates prescribed by other Acts and subordinate statutes, which is not the Grade 6 and 7 of the Gu, researchers, instructors, technical instructors, technical instructors, technical technicians, technical technicians, technical technicians, technical technicians, technical technicians, technicians, and industrial technicians, and the rate of addition for qualification certificates prescribed by other Acts and subordinate statutes.

[Attachment 12] Class VI or lower (including research and technical advice service) and a certificate of qualification for addition to an employment examination for technical service (related to Article 12-3)

In other fields than qualifications under the National Technical Qualifications Act of the kind in direct vibs, and self-sufficiency under other Acts and subordinate statutes: Electronic application, information and communications technical device, information and communications technical device, electronic communication device, radio communication, radio communication, radio wave, radio wave, radio communication, radio communication, radio communication, telecommunications, information and communications technical technician: Electronic equipment, communications equipment, communications cable, telecommunications cable, information and communications equipment operation, radio communication, radio communication, telecommunications, telecommunications, telecommunications, information and communications, information and communications technical technician (acquisition before June 1, 1997) for telecommunications technology transmission technology transmission technology, and other fields under other Acts and subordinate statutes: The Minister in charge of each series of class and class of technical personnel engaged in electronic communication, who belongs to the tactical technical personnel in charge of electronic communication, shall consult with the Minister of the Interior about the types and class of qualifications to be added for each series of class and class of job.

[Reference Provisions]

Articles 7, 25, and 37(2) of the Constitution of the Republic of Korea

Where a person who has obtained qualifications under Article 36-2 (Additional Points in Employment Examination) of the State Public Officials Act or other Acts and subordinate statutes applies for an employment examination for public officials, certain points may be added as determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations,

Article 10 (Preferential Treatment to Acquirer of Technical Qualifications) (1) The central and local governments shall devise policies necessary to maintain appropriate economic and social status, and to guarantee employment and status of the person who has acquired the technical qualification.

(2) through No.4

Reference Cases

Constitutional Court Decision 98Hun-Ga7 dated September 30, 1998, Supreme Court Decision 10-2, 484

Constitutional Court Decision 98Hun-Ma363 on December 23, 1999, Supreme Court Decision 11-2, 770

Constitutional Court Decision 96Hun-Ma200 on June 26, 1996, Supreme Court Decision 8-1, 550

Parties

For Cheong-gu Roster ○

Attorney Song-chul et al.

Text

The appellant's appeal is dismissed.

Reasons

1. Case summary and the object of the trial;

A. Case summary

On April 3, 2001, the claimant intends to acquire the certificate of qualification as a data processing technician on September 2003 and apply for the class-7 national public officials in 2003 examination. Article 12-3 of the Regulations on Appointment and Examination for Public Officials grants additional points equivalent to 2 or 3% of the full scores to the qualified holders such as information management professional engineer, data processing engineer, and data processing industrial engineer at the 7th examination of national public officials, and grants no additional points to the qualification as a data processing technician.

On January 13, 2003, the claimant filed a constitutional complaint on Article 12-3 of the above Rule, which infringes on the claimant's right to equality, the freedom of occupation, and the right to take public office.

(b) Object of adjudication;

The claimant is subject to the whole adjudication of Article 12-3 of the Enforcement Rule of the Examination and Appointment and Examination for Public Officials (hereinafter referred to as the "Enforcement Rule of the Examination"). However, since the contents of the additional points at which the claimant is subject to the adjudication are stipulated in attached Tables 10 and 11 as prescribed in the same paragraph, it is reasonable to view that the subject of the adjudication in this case is whether the attached Tables 10 and 11 (hereinafter referred to as the "instant provisions") in Article 12-3 of the Enforcement Rule of the Examination are infringed on the claimant's fundamental rights. The contents of the relevant provisions are as follows

Enforcement Regulations of the Examinations for Appointment and Appointment of Public Officials (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 190 on December 31, 2002)

Article 12-3 (Special Cases in Employment Examinations) (1) Where a holder of the qualification certificate prescribed in attached Table 10 among the qualifications in the field of communication, information processing, and office management under the National Technical Qualifications Act applies for the employment examination for public officials of Grade VI or lower (including researchers and instructors; hereinafter referred to as "special employment examination"), it shall be limited to where the written examination is subject to the written examination and excluding the employment examination for computer series of class ; hereinafter referred to as "special employment examination"), it shall be set at the highest point

The score in accordance with the ratio of Table 10 shall be added. In such cases, where two or more qualifications overlap, only one more favorable to the principal shall be added.

(2) Where a holder of qualification certificates prescribed in attached Table 12 among the qualifications under the National Technical Qualifications Act or other Acts and subordinate statutes applies for an employment examination for public officials of Grade VI or lower (including researchers and instructors; hereinafter the same shall apply) and those in technical service (in cases of a special employment examination, limited to the passing of a written examination in cases of a written examination, and excluding the cases of a direct employment examination as prescribed in attached Table 3 and a special employment examination as prescribed in Article 28 (2) 2 of the Act; hereinafter the same shall apply), the scores according to the ratio of attached Table 11, which is the highest point of five percent of the full scores of the written examination by each subject.

(3) Where the qualification certificate is commonly subject to the addition under paragraphs (1) and (2), only one certificate favorable to the principal shall be added.

(4) The addition under paragraphs (1) and (2) shall apply only to persons who gain a score of at least 40 percent in each subject.

Additional rate table of qualification in the field of communications, information processing, and management (related to Article 12-3) in attached Table 10

Grade 6 and 7 of general service in the field of industry-specific communication and information processing, researchers, instructors information management specialists, computer-based application professional engineers, information processing technicians, information processing technicians, computer-based professional engineers, 3% of industrial engineer, information processing industrial engineer, information processing industrial engineer, information processing industry engineer, information processing engineer, information processing engineer, electronic-based system application engineer, industrial engineer, information processing engineer, information processing-based industrial engineer, information processing-based industrial engineer, information processing-based industrial engineer, information processing engineer, information processing-based organization application engineer, information processing-based industrial engineer, 3% information and equipment operating technician, 2% of general service in the field of information processing engineer, information processing engineer, 2% of general service, research engineer, 1.5% of computer utilization ability, 1.5% of computer utilization ability, 2% of computer management ability, 3rd class 30.5% of computer utilization ability, 3rd class 30.5% of computer utilization ability.

Additional Rate Table of Qualification by field (Article 12-3 related to attached Table 11)

1. Additional rate of the certificate of qualification in the field of administration and public security: Omitted;

2.Additional rates in the fields of research and technical service (including guidance service) and technical service.

The rate of addition for qualification certificates prescribed by other Acts and subordinate statutes, other than the National Technical Qualifications Act, shall be the rate of addition prescribed by attached Table 12 or the rate of addition for qualification certificates prescribed by other Acts and subordinate statutes, which is not the Grade 6 and 7 of the Gu, researchers, instructors, technical instructors, technical instructors, technical technicians, technical technicians, technical technicians, technical technicians, technical technicians, technicians, and industrial technicians, and the rate of addition for qualification certificates prescribed by other Acts and subordinate statutes.

A certificate of qualification for addition (including research and guidance service) to Grade VI or lower (attached Table 12) and for an employment examination for technical service (related to Article 12-3)

In other fields than qualifications under the National Technical Qualifications Act of the kind in direct vibs, and self-sufficiency under other Acts and subordinate statutes: Electronic application, information and communications technical device, information and communications technical device, electronic communication device, radio communication, radio communication, radio wave, radio wave, radio communication, radio communication, radio communication, telecommunications, information and communications technical technician: Electronic equipment, telecommunications equipment, communications cable, communications cable, information and communications equipment operation, radio communication, radio communication, radio communication, telecommunications, information and communications, information and communications service, information and communications technical technician (acquisition before June 1, 1997) in the electronic communication communication technology transmission technology transmission technology, and other fields than the self-sufficiency under other Acts and subordinate statutes: The Minister in charge of each series of class and class of technical personnel belonging to the tactical technical personnel in the electronic communication communication technology transmission technology, shall consult with the Minister of the Interior about the types and class of qualifications to be added for each series of class and class of job.

2. The claimant's assertion and opinions of the related agencies;

A. The claimant's assertion

Pursuant to Article 12-3 of the Enforcement Rule of the Examination, an engineer, industrial engineer, computer utilization ability and capacity

Additional points are given to applicants for the employment examination for public officials of Grade 7 who have the certificate of qualification for drones, and no additional points are given to applicants who have the certificate of qualification for technician (information processing technician), such as applicants, violates the right to equality, and such additional points are important factors to determine the success in the examination, and thus, it infringes on the freedom of occupation and the right to take official duties.

In the case of Grade 7 public officials in the Ministry of Government Administration and Home Affairs, the qualifications necessary for the performance of specialized administrative affairs are required from the time of employment, and the qualification certificates necessary for the employment and change of occupation are recognized only as an industrial engineer or higher. However, in the case of the employment examination for Grade 7 public officials, it is not reasonable to give additional points to the holders of the qualification certificates, while it is easy to obtain the qualification certificates in comparison with the qualification certificates in the case of the employment examination for public officials in Grade 7, while it is easy to obtain the qualification certificates in comparison with the qualification certificates in the case of the qualification examination for public officials in Grade 9.

Among the successful candidates in 2002, the number of additional points based on the qualification certificate depends on the success of the successful candidates in the examination, such as the 85.9% of the successful candidates, etc.

(b) Opinions of the Minister of Government Administration

In the field of technology and skills, 23 areas of 23 duties are classified into the five-stage grading system of professional engineer-chief engineer-industrial engineer-industrial engineer-industrial engineer-industrial engineer-industrial engineer-industrial engineer-industrial engineer-industrial engineer-industrial engineer-industrial engineer-at-law.

The class of a public official is classified according to the degree of difficulty and responsibility of the public official in charge. Unlike the subordinate class, the public official's ability to plan and manage specialized administration or policies should be supported, unlike the subordinate class, the public official's ability to properly perform his/her duties. Accordingly, the requirements for employment, subjects of examination, level of setting questions, method of examination, etc. are classified by class such as class 5, 7, 9 even when the public official is employed, and the qualification certificate reflected in the examination enforcement rules is determined by considering the expected class and class of

In the employment examination for public officials of Grade VII, additional points shall be granted only to qualification certificates of industrial engineer or higher, and where the applicant has qualifications as a technician like the applicant, he/she shall be excluded from those subject to additional points, but is based on the grading system - technical master - industrial engineer - industrial engineer.

In addition, since the opportunity to acquire the qualification certificate is given to anyone, it is not necessary to discuss the infringement of the right to participate in public affairs in a situation where additional benefits can be received through his/her own efforts.

The qualification certificate in the field of business management is low in the ratio of reflection of additional points, but the skilled craftsmen to be tested in the qualifying examination are commonly and widely necessary and widely used without classification of class, and it is more helpful to efficiently carry out their duties as skilled craftsmen are higher. Accordingly, it is reasonable to recognize additional points in all class of class 6 or lower.

3. Determination

(a) The current status of additional points in examinations for public officials of Grades 7 and 9;

(1) Article 12-3 of the Enforcement Rule of the Examination (Enforcement Rule on Appointment and Examination of Public Officials) and attached Table 10, 11, and 12 concerning additional points based on the qualification certificate at the examination of public officials of Grade 7 and 9.

According to this, there are additional points applied to the qualification certificate (except for computer duty), additional points applied to all kinds of work without relation, and additional points applied to each series of work without relation, and one of them is recognized (so, maximum of two recognitions).

Common application additional points are 3% of the full score in the case of class 7, 2% in the case of the professional engineer and the industrial engineer, 3% in the case of class 9, and 2% in the case of the professional engineer, the industrial engineer and the industrial engineer, and 1-3 in the case of class 7 and class 9 (attached Table 10 in the case of each corresponding field). Meanwhile, the additional points are granted within the scope of 0.5 to 2% of the full score in the case of class 7 and class 9.

On the other hand, the additional points applied by series of class is 5% in the case of class 7, 5% in the case of the professional engineer, the chief technician, and the industrial engineer, 3% in the case of class 9, 5% in the case of the professional engineer, the chief technician, the industrial engineer, and 3% in the case

(2) In general, qualification certificates in the fields of technology and skill are categorized into the class of general five types. That is, professional engineers, master craftsmen, engineers, industrial engineers, and technicians (Article 2 and attached Table 1 of the Enforcement Decree of the National Technical Qualifications Act). It is difficult to obtain qualification certificates as ordinarily going to the professional engineers.

(3) Examining the successful applicants’ statistics among the materials submitted by the Ministry of the Interior, 346 (5.5%) persons who obtained the additional points among the 623 total number of applicants for the disclosure and employment of Grade VII in 2002, 82 (13.2%) persons who received the additional points of qualification, 107 (17.2%) persons who received the additional points of qualification, and 107 (17.2%) persons who received the additional points of qualification;

One person shall be 88 (14.1%). On the other hand, 13% of 623 among 623 persons who are additionally granted qualification points for each series of class.

B. Whether a public position position or an equal right is violated

(1) The claimant asserts that the provision of this case violates the right of equality, the freedom of choice of occupation, and the right of participation in public affairs, as it unfairly discriminates against the examinees, such as those holding the certificate of qualification as a technician, compared to the examinees holding the certificate of qualification as an engineer, industrial engineer, computer utilization ability, work protocol, etc.

In other words, any person who has obtained a similar qualification certificate has discriminated against the opportunity to take public office by giving more additional points and not giving more persons.Therefore, the main issue in this case is whether such discrimination in exercising the right to take public office infringes on the right to take public office or the right to equality.

(2) The criteria for the ordinary review of the Constitutional Court regarding the violation of the general principle of equality or the violation of the right of equality are whether there are arbitrary discrimination without reasonable grounds in the legislation and the application of the law (see Constitutional Court Decision 10-2, 484, 503-504, Sept. 30, 1998, Supreme Court Decision 10-2, 484, 503-504).

However, if the discrimination established by the legislators goes beyond a mere discrimination between the people and resulting in discrimination in relation to fundamental rights, the Constitutional Court should examine whether such discrimination is in compliance with the strict proportionality between the purpose and means beyond the arbitrary prohibition or rationality review. Furthermore, as the degree that equal treatment of people or matters may adversely affect the exercise of freedom protected as a fundamental right is large, there is a narrow limit to the formation of the legislators, the Constitutional Court should apply more strict examination measures.

In the case of the additional points of discharged soldiers, the Constitutional Court ruled that “If a significant restriction on the relevant fundamental rights is caused by the discriminatory treatment, the legislative formation right should be reduced and the more strict standard of review should be applied (Article 11-2, 770, 787 of the Constitutional Court Decision 9Hun-Ma363, Dec. 23, 1999; Article 11-2, 770, 787 of the Supreme Court Decision 199Hun-Ma363, Dec. 23, 199).” This decision purport that the more strict standard of review should be applied as the discriminatory treatment results in significant restriction on the fundamental rights, and it does not purport that the strict standard

In the case of this case, in the examination of public officials of Grade VII, additional points equivalent to 2 through 3% of the full scores shall be given to the information management professional, information processing professional, and information processing industrial engineer qualification holders, and no additional points shall be given to the information processing technician.

F. This difference in the additional points depending on the type of qualification certificate for a similar field, which causes discrimination in exercising the right of public service by an applicant with the same information processing technician as the claimant. Therefore, in this case, the existence of proportionality between the purpose and means to the extent that such discrimination can be justified should be examined.

On the other hand, in the event that the discrimination problem of the exercise of fundamental rights is subject to examination, it is reasonable to judge the contents of the examination of the relevant fundamental rights by combining them with the contents of the principle of equality (e.g., the right of equality).

(3) Article 25 of the Constitution provides that "All citizens shall have the right to hold a public office under the conditions as prescribed by Act," thereby guaranteeing the right to hold a public office. The right to hold a public office covers the right to be elected as a candidate for various elections and to be appointed as a public office that can be elected (Hun-Ma200, June 26, 1996; 8-1, 550, 557).

In regulating the right of appointment as a public official, it shall be based on the so-called ability principle or performance principle based on the ability, expertise, aptitude, and character of the applicant for appointment. Although the Constitution does not expressly state this point, in light of the fact that the basic elements of the vocational public official system guaranteed by Article 7 of the Constitution include the ability principle, the right of appointment as a public official under Article 25 of the Constitution shall be guaranteed that all citizens shall be given equal opportunity that anyone can take office as a public official according to his ability and aptitude (Hun-Ma363, Dec. 23, 199; 11-2, 70, 797-798).

The instant provision discriminates against the applicants for the examination of public officials of Grade VII by distinguishing the additional points depending on the type of qualification in the field of technology and skill possessed by them. According to the statistics revealed in the written opinion of the Ministry of Government Administration and Home Affairs, the number of applicants for the examination of public officials of Grade VII is 453 (72.7%) who received the additional points of qualification among the total number of applicants for the publication and employment of Grade VII in 2002, and the number of applicants who passed the examination without additional points is 88 (14.1%). Therefore, whether to obtain additional points or not seems to have a significant impact on the passing of the examination. Such additional points may be deprived of equal opportunities for the selection of public officials by making it difficult not to discriminate within the public service, but to enter the public service, such as promotion and salary, but to make it difficult to enter the public service. Accordingly, the strict proportionality between the purpose and means thereof is required for the treatment of discrimination in this case.

The issue of discrimination in this case may be examined in three aspects according to the claimant's argument. In other words, the discrimination between the type of qualification in the field of technology and skill in the 7th test.

The discrimination based on the types of qualification certificates between levels 7 and 9, and the discrimination between the qualification certificates and the computer utilization ability and the qualification certificates in the 7th test. We examine each of these issues.

(4) In the case of the common applicable additional points applied regardless of job series in the 7th class examination, professional engineers (information management technicians, etc.) and engineers (information processing technicians, etc.) shall be granted 3% of full scores, industrial engineers (industrial engineers, etc.) shall be granted 2% of full scores, and in the case of technical workers (where applying for the pertinent field), 5% of full scores in the case of technical workers, technical directors, technicians, and industrial engineers shall be additionally added, and 3% in the case of industrial engineers. However, there are no additional points in the case of technicians.

A public official’s position is classified according to the degree of difficulty, responsibility, etc. of duties in charge. Generally, as the lower class is lower class, the degree of difficulty and responsibility of duties is lower than that of higher class, and the scope of duties is narrow so that he/she can perform his/her duties solely with basic capabilities and knowledge necessary to perform the administrative affairs. Unlike the lower class, he/she can be deemed to be able to perform his/her duties properly only when he/she is able to support the planning and management of specialized administrative ability or policies, unlike the lower class. Accordingly, even when a public official is employed, the requirements for employment, subjects, level of preparation, and method of examination are classified by class, such as

The legal basis of the additional points provision based on the qualification certificate, such as the provision of this case, is deemed to be Article 36-2 of the State Public Officials Act and Article 10(1) of the National Technical Qualifications Act, and these provisions can be said to have the legislative purpose to encourage the applicants for the examination to acquire professional technical qualifications and to strengthen the expertise of the public officials. Thus, such legislative purpose can be deemed to be for the public welfare as provided in Article 37(2)

On the other hand, the qualification certificate that reflects in the examination enforcement rules shall be determined in consideration of the expected class and class of public officials, the field and class of qualification certificates, and it is desirable to give additional points to the higher class qualification certificate as higher class days.

In the examination for public officials of Grade 7, only the grade of industrial engineer or higher is added, and there is no additional point in the case of a technician. In general, the qualification for a technician is the lowest level of the qualification in the field of technology and skill prescribed by the National Technical Qualification Act and subordinate statutes, and there is no restriction on the application for the examination, and evaluation of the ability to perform the relevant duties with skilled skills in the field of the work in question, the qualification for an industrial engineer or higher is restricted to the application for the examination, and complex functions are based on the basic theoretical knowledge or skilled skills in the field of the work in question.

In addition, an industrial engineer is assessed as more professional subjects than an industrial engineer in the examination, and in the case of an engineer, chief technician, and a technician with higher grade than an industrial engineer, the qualification requirements and test are more complicated.

As long as there are such differences, the instant provision aims to achieve the legislative purpose to strengthen the professional expertise of public officials even if the holders of qualification certificates with higher qualification certificates than industrial engineers in the examination of class 7 is not added to those of class 7, and it is difficult to view the instant provision as deviating from the so-called ability principle or performance principle based on the ability, expertise, aptitude, and character of the appointment applicants in the examination of class 7 public officials.

In addition, the provision of this case uniformly reflects the class of qualification certificate as prescribed by the law, and does not discriminate between technicians or between industrial engineers.

Thus, the provision of this case, in the 7th test, only the class of engineer higher than that of the 7th test, shall be deemed to have the suitability of the means to achieve the legislative purpose.

Meanwhile, granting additional points to the class above the industrial engineer in the 7th grade examination is based on the public interest judgment taking into account the expertise of the affairs of the 7th grade public official, and the applicants for the 7th grade examination are ordinarily entitled to grant additional points in the relevant field after they intend to apply for the examination (the provisions of this case had already existed in the 1999). Considering that insofar as the applicants have qualifications as technicians, it cannot be readily concluded that it is very difficult to obtain (information processing industrial engineer) qualifications as applicants for the 2002 grade industrial engineer qualification examination (According to the statistics of the Human Resources Development Service of Korea, 28.4% of the applicants for the 2002 information processing industrial engineer qualification examination among the applicants for the 202 information processing industrial engineer qualification examination). It is difficult to view the provisions of this case as being smaller than the private interest

In conclusion, only the class of industrial engineer or higher in the 7th public official examination shall be added to the class of industrial engineer or higher, and the grade of the technician shall not be granted beyond the proportional relationship between the purpose and means of discrimination.

(5) On the other hand, the qualification certificate for a technician is added only to the class 9 examination, and the class 7 examination is added only to the above class qualification certificate at one level than the technician.

Generally, it is difficult to conclude that the work of class 7 public officials requires more professional skills and skills than class 9 public officials. However, this is difficult to conclude that the work of class 7 public officials requires them

The clause of this case is to link the class of qualification to the class of public official and reflect it in consideration of the class classification system of public official with an industrial engineer or higher qualification certificate and the class classification system of public official, and it is difficult to see that such discrimination is unreasonable or erroneous in consideration of the nature of each qualification certificate and requirements for acquisition.

In addition, considering that the examination of class 7 public officials and the examination of class 9 are different examinations, it is difficult to simply teach the additional points system between class 7 and class 9 examinations.

In conclusion, the instant provision cannot be deemed to exceed the scope of legislative formation concerning the additional point system, and it cannot be deemed to have exceeded the proportionality between the legislative purpose and means in such additional point system.

(6) Finally, the claimant argues that even in the examination of class 7, it is difficult to obtain more easily than the qualification certificate of a technician, in the case of a certificate of a computer utilization ability and a certificate of a shop professional, and that it is erroneous that the qualification of a technician is not added, and this is examined.

In general, the reason why additional points are given to the qualification certificate for computer utilization ability and unit protocol, is that the qualification certificate in the field of office management is commonly and widely necessary and widely used without classification of class, and it is derived from the purport that the higher level of skilled crafts is helpful for the efficient promotion of duties.

Meanwhile, in the case of qualification certificates in the technical and skilled fields, such as technicians and industrial engineers, the provision of this case recognizes additional points by class in consideration of the expertise in the field of information and communication, and in the case of qualification certificates for computer utilization capability and network professional engineers, additional points are given for the efficiency of the general affairs of public officials, and there is a difference in the rate of additional points. In full view of these circumstances, the two are different from the purpose of the system.

Meanwhile, the provision of this case (attached Table 10) provides that the additional points of the certificate of qualification in the field of technology and skill different from those of other certificates of qualification in the field of technology and skill, but the additional points are limited to only one of the certificates of qualification in the 7th test, so it is weak to determine why the certificate of qualification in the 7th test would be more easily acquired than that of a technician than that of a technician.

In the end, the problem of additional points between the qualification certificate and the computer utilization ability, and the qualification certificate in the 7th level examination is different from each other, and the right to equality is examined.

It is difficult to be constituted as the same comparative group. Considering the above institutional characteristics, it is not unreasonable or arbitrary discrimination, and such discrimination cannot be seen as deviating from the proportionality between legislative purpose and means.

(7) Conclusion

For the above reasons, the provision of this case does not give additional points to qualification certificates in the examination of public officials of Grade VII is meeting the proportionality between the legislative purpose and means. Thus, it cannot be said that it infringes on the right to hold public office and the right to equality.

C. The issue of infringement of freedom of occupation

In this case, the claimant asserts the infringement of the freedom of occupation, but the right to take a public official position is a special provision that preferentially applies to the freedom of occupation (see Constitutional Court Decision 9HunMa135, Dec. 23, 1999; Supreme Court Decision 11-2, 80, 811; Constitutional Court Decision 9HunMa112, Dec. 14, 2000; Supreme Court Decision 12-2, 39, 409). In this case related to the right to take a public official position, it is not separately determined whether the right to take a public official position infringes on the freedom of occupation.

4. Conclusion

For the above reasons, the appeal of this case is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

Judges

Justices Yoon Young-young (Presiding Justice) Ha Young-chul Kim Jong-il (Presiding Justice) Ha Young-Jon Kim Jong-Jon (Presiding Justice)

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