경찰공무원의 품위유지의무에 관한 법적고찰

Abstract

Public servant should not be an act whose dignity is damaged, regardless of inside and outside of the job(The article 63 of the National Public Service Law). Last 5 years, a 39.8% of the public servant filed appeals case were dignity damage. Furthermore, 75.7% of appeals case were police officer. Nevertheless, dignity maintenance duty is not clear the meaning of dignity. And this duty is excessive to public servant, because requirement, regardless of inside and outside of the job. But Supreme Court and Constitutional Court adjudicate “because dignity may determine by a sound social common sense, according to the concrete circumstances, considering various situation, it does not violate the principle of clarity.” Except for France, many advanced countries don’t require the dignity maintenance duty of public servant. In Korea, because this article excessive restrict the privacy of a constitutional fundamental right, this is needed to revise. In conclusion, I think that we have to revise this article to concrete a category of dignity and to reduce the dignity maintenance duty within the job.