공무원의 성실 의무와 징계제도에 관한 연구

The duty of fidelity of government employees is imposed from status, and it is a legal duty. Violation of the duty of fidelity is grounds for disciplinary disposition. Therefore, the uncertainty of legal provisions must be resolved through legislation and interpretation. However, several problems are identified throughout the relevant legislation. The courts and committees have also failed to present sufficient criteria for judgment. This article attempted to present legislative tasks and directions for interpretation to solve these problems. Fundamentally, there is a need for improvement in legislation to minimize the uncertainty of the current law on the duty of sincerity, grounds for disciplinary action, and disciplinary standards of public officials. Ambiguous concepts should be organized and abstract regulations should be embodied. In particular, the types of violations of the duty of sincerity should be reorganized, and additional criteria for determining the degree should be established. Along with this improvement in legislation, a strict interpretation of the application of general provisions will also be needed. It is hoped that the disciplinary system for public officials can be operated in a way that conforms to the rule of law.