지방자치단체의 사무관심사승진제 폐지의 문제점

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

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.