헌법상 직업공무원제에 관한 연구 ― ‘공무’와의 관계를 중심으로 ―

While the country's role is constantly expanding, the claim that the size of the government should be reduced is receiving general support. There is a growing tendency for national duties to be carried out in organizations increasingly distant from the core of the state. In this discussion, one of the topics that has been neglected so far is the relationship between the privatization of public duties and the career civil service status of the organization members performing public duties. When privatized, governmental control will be mainly through indirect monitoring and oversight of the state, and the discussion of the ‘public’ responsibility of individual subjects performing public missions disappears. Particularly, before the discussions of privatization proceeded in earnest, Korea already had some proportion of the government to carry out its duties in public institutions. However, the members of public institutions are not recognized as civil servants. The problem is the concept of public officials in Article 7 of the Constitution. The public servants of Article 7, Paragraph 1 of the Constitution are public servants in broad meaning. They are the servants of the whole people and obliged to take responsibility for the whole of the people. In relation to the concept of public servants in Article 7 (2) of the Constitution, the present law and precedents are different from the public servants of Paragraph 1, The public officer under Paragraph 2 shall be deemed to mean a career civil servant. It is hard to say that there is a reasonable basis to understand differently the public officials in Article 7 (1) and (2) of the Constitution. If the public servants of paragraphs 1 and 2 are regarded equally as servants of the whole nation and legislators are able to formulate the provisions of the civil servants under Paragraph 2 in accordance with the provisions of the Constitution, It is possible to grant the career civil servant status to the persons who need the public discipline through the public servant system among the public corporations entrusted with the tasks of the state or public organizations. Career civil servants are counted in Germany. The main reason for recognizing career public servants in Germany is that they provide special duties and corresponding guarantees, taking into account the important public interests of the duties of the officials. If our interpretation of Article 7, Paragraph 2 of the Constitution is systematically interpreted as a guarantee of national sovereignty and periodic regime change in our Constitution, it can be said that our Constitution guarantees career civil servants system. Without that, it is difficult to find any other justification for special favor, such as a guarantee of status, and other necessary grounds for political neutrality, a special obligation. Until now, it is difficult for the legislator of the Republic of Korea to properly shape the purpose of the career civil servant system, which the Constitution presupposes to preserve the function. Particularly as the main public mission continues to be outsourced, the privatization of the mission has led to the privatization of the worker as if it were a natural result. In addition, for the career public servants who are at the core of policy implementation, the introduction of a senior public servant system has weakened the purpose of the career public servant in the Constitution. In the future, the legislator should ensure that faithful execution of public affairs, considering the relationship between the nature of public service and the status of public officials in improving and realizing the career public service system.