지방자치단체의 사무관심사승진제 폐지의 문제점

• 영문명: A Study on the Unconstitutionality of the Second Clause of Article 38 and the Fourth Clause of Article 38 of the Local Official Appointment Regulations
• 발행기관: 한국지방자치법학회
• 저자명: Kim Choon Hwan(金春煥)
• 간행물 정보: 『지방자치법연구』4권 1호, 29~51쪽, 전체 23쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2004.06.30

영문 초록

This paper is to study whether clause 2. of article 38 and clause 4 of article 38 of the local official appointment regulation which provides a promotion of assistant junior official with a junior official violates article 117 and 118 of Korean constitution which provides the right of local autonomy within the law. I think the local official appointment regulation in force is unconstitutionality because it abolished a promotion by the decision of a personal committee which former provision had, and infringed on the right of personnel management of local governors. Therefore I suggest that the local official appointment regulation should be re-amended in the ways presented in the past provision in which a promotion was provided by the test or by the decision of a personal committee or both of them. In order to complete its purpose, I constitute 7 chapters in this paper as follows: Introduction in the first chapter, Meaning of the guarantee of the local autonomy system in constitution in the second chapter, the right of personnel management of a self-governing body in the third chapter, Unconstitutionality of the local official appointment regulation in the fourth, analysis of the related a precedent of the constitutional court, a lawsuit from abolition of officials promotion resolutions of a personnel committee, and Conclusion in the last chapter.

목차

I. 序論

II. 憲法上 地方自治의 保障과 限界

III. 地方自治團體의 人事高權(人的高權)

IV. 人事委員會 昇進議決制度廢止의 人事高權의 침해여부

V. 人事高權에 관한 類似判例의 검토

VI. 人事委員會 昇進議決制度廢止에 대한 爭訟可能性

VII. 結論

<영문요약>

키워드

지방자치 지방공무원임용령 인사고권 지방사무관승진 승진임용방식 Local Official Appointment Regulations Local Autonomy Self-Governing Body Right of Personnel Management System of Official promotion Appointment Local Assistant Junior Official