국가공무원법 제65조 및 국가공무원 복무규정 제27조의 해석에 대한 헌법적 검토

Political neutrality of public servants is a principle to ensure the career service system based on merit system, thereby ensuring fairness on performance of the duties and confidence of the public. At the same time, the political neutrality of public servants in the Constitution should be construed as not restricting the freedom of expression and political freedom of public servants as much as possible, since the political neutrality is strained relations with the freedom of expression and political freedom of public officials. In light of the current system, the political freedom of public servants is severely restricted, and since the related system of political neutrality of public servants has been made, except for some amendments, there have been almost no amendments. I think it is very important to interpret the related system of political neutrality in favor of fundamental rights. This paper considers the problematic situation and examines the system of ROK, the system of the major countries and related cases overall. In addition, this paper, based on the examination, suggests the interpretation method and the standard of Article 65 of State Public Officials Act and Article 27 of the State Public Officials Service Regulations. Specifically, this paper examines the meaning of 'political purpose', which is the premise of violation of political neutrality, whether or not the relation with public duty is required for political activities of public servants, the permissibility of approval or criticism on government policies, and the permissibility of donation of political support fund.