국가공무원법 제33조 제6의4호 임용 결격사유 개선방향 - 헌재 2022. 11. 24.선고 2020헌마1181결정을 중심으로 -

Article 33 of the ‘State Public Officials Act’ stipulates the grounds for disqualification from appointing public officials. However, the Constitutional Court decided nonconforming to the constitution against No. 6-4 of the same article (2020Hun-Ma1181), which permanently restricts the appointment of sex offenders for children or youth, and declared the continued application of the current regulations until May 31, 2024. Accordingly, it became necessary to reorganize Article 33 of the ‘State Public Officials Act.’ This paper reviews the issue of resolving the unconstitutionality proposed by the Constitutional Court in relation to the direction of revision of the Act. First, regarding the relevance of his or her duty to be appointed, it was confirmed that it was not necessary to limit sex offenders targeting children or youth to child-related duties. Second, for the issue of determining the grounds for disqualification according to the severity of the sentence, the grounds for disqualification may be defined according to the confirmed punishment. Specifically, it was proposed to stipulate that the appointment be restricted to those who were sentenced to “a sentence of more than a fine” or “a fine of 1 million won or more” and whose sentence was confirmed. Third, it was pointed out that the unconstitutionality pointed out by the Constitutional Court cannot be completely resolved in that neither the 20 years proposed by the Ministry of Personnel Management nor the 15 years proposed by Rep. Moon Jin-seok are restrictions on the severity of the sentence. With reference to Article 45 of the ‘Act on Special Cases concerning the Punishment, etc. of Sexual Crimes’ in which the registration period of personal information is differentiated according to the severity of the sentence, t was suggested as an alternative to the purpose of the Constitutional Court's decision to define each disqualification period by dividing a person sentenced to capital punishment, imprisonment with labor for an indefinite term, imprisonment without labor for an indefinite term, or imprisonment with or without labor for more than 10 years, person sentenced to imprisonment with or without labor for more than three years but not more than 10 years for a sex crime which causes the registration of personal information, a person sentenced to imprisonment with or without labor for not more than three years, and a person subject to a fine. In addition, in the case of repeated crimes, it is proposed to double the disqualification period. Finally, it is also clear that the starting point of the disqualification period should be clearly defined when the current regulations, which permanently restricted the appointment of public officials, are revised to be restricted for a certain period of time.