공무원의 개념과 구분 및 공무원법의 체계

The Public Officials Act has traditionally been treated as a sub-category of the Administrative Organization Act as a part of administrative law or special administrative law. Today, however, many administrative law scholars tend to separate the Public Officials Act from the administrative organizations law and explain it in pararell with the administrative organization law. The concept of public official itself used in multiple ways according to various laws. In general, public officials refer to the workers who are directly or indirectly elected or appointed by the people to exercise public power or provide public services in accordance with the state or local government and the public law working system. According to the State Public Officials Act, public officials in specific positions are listed. In the case of public officials in general positions, however, there is a problem in that the concept is not specific and clear in some cases as they are defined as public officials taking charge of technology, research or general administrative affairs. As a concept to be distinguished from the concept of public official, there may be the concept of staff of an administrative agency under the Administrative Organization Act. In general, public officials are filled according to the organization plan after an administrative agency is established under the Administrative Organization Act. Public officials, as human factors constituting real administrative organizations, refer to those who work for administrative organizations, and are understood as those who are in employment relationships with administrative entities. Whether a person is a state public official or not is judged based on three criteria: ① the person is appointed by the state, ② the person handles the affairs of the state, and ③ the person, in principle, will receive salary from the state. The Public Officials Act is a basic law along with the rules on public officials under the Constitution, and consists of the State Public Officials Act, the Local Public Officials Act, the laws regarding the public officials in specific positions, and other public officials-related laws and enforcement regulations for enforcing or entrusted by these acts and laws. Public officials related laws and regulations are diverse, including not only the Presidential Decree, the Prime Minister's Ordinance, and the Ministerial Ordinance stipulated by the Constitution, but also the local governments’ self-governing laws, rules, regulations, ordinances, public announcements, etc. On the other hand, the standards or contents of public officials are widely delegated to the Presidential Decree, unless they are the core of the system or essential to the realization of basic rights.