프랑스 공무원의 신중의무(Obligation de réserve)에 관한 소고

With the advancement of science and technology, the means of communication in real-time have increased, and a number of channels have emerged that can widely communicate individual views and opinions through shared networks. Public officials are the minimum units that form part of national organization. However, individual civil servants also have personalities and freedom of expression using these various channels in the private sphere of life cannot be deprived entirely. The expression of personal opinions and communication of information related to the work public officials are in charge of or the work they are responsible for should be limited. However, the limits of freedom of expression of public officials need to be regulated by legislation. The notion of ‘Obligation de réserve’ in France is recognized under precedent by Conseil d’Etat, which is a traditional limitation of freedom of expression of public officials. It is mainly concerned with the way public officials express their opinions, and aims to prevent situations in which citizens can form negative images of administration. In the case of serious defects, it may be a reason for disciplinary action against public officials, and disciplinary action will specifically take into account the position of the official and the degree of infringement on the administration due to violation of the duty. The cases of obligations of French officials, which have been established under the precedent law, can be used as a reference to refine the classification of public officials' obligation and to establish the limits between public values ​​and individual liberties.