공무원의 공공복리 지향성과 헌법에 대한 충성의 의무

The public service ethos (Amtsethos), the ethical principles that require public officials to perform their duties with the utmost integrity, loyalty, and responsibility, distinguishing them from other ordinary professional activities. It is grounded in public ethics, which is rooted in the public welfare orientation of public officials (Gemeinwohlorientierung). In Germany, this public service ethos is embodied in Article 33 of the Basic Law (Grundgesetz), the German constitution, and in the provisions of the Federal Civil Service Act (Bundesbeamtengesetz) and the Land Civil Service Act (Landesbeamtengesetz). Article 33, Paragraph 2 of the Basic Law stipulates that all Germans have equal access to all public offices based on their suitability (Eignung), abilities (Befähigung), and professional achievements (fachliche Leistung). This can serve as a constitutional basis for considering the duty of loyalty to the Constitution (Verfassungstreuepflicht) not only in assessing suitability for public office but also as a ground for resignation from public office after appointment. This implies that loyalty to the Constitution can be considered a core element of the "suitability" determination stipulated in Article 33, Paragraph 2 of the Basic Law. The core of this duty of loyalty to the Constitution is that German civil servants must recognize the free democratic basic order (freiheitliche demokratische Grundordnung) and perform their duties to maintain it. Article 60, Paragraph 1, Sentence 3 of the German Federal Civil Service Act and Article 33, Paragraph 1, Sentence 3 of the German Civil Service Act emphasize that civil servants must acknowledge the free democratic basic order within the meaning of the Basic Law through their overall conduct and perform their duties to maintain it. This stipulation, not in the Constitution, stipulates civil servants' duty of loyalty to the Constitution in law. Article 33, Paragraph 5 of the German Basic Law stipulates that the duty of loyalty to the Constitution, considered as a criterion for determining suitability for public office under Article 33, Paragraph 2 of the German Basic Law, should be regulated and further developed through the guarantee of a professional civil service system. Article 33, Paragraph 4 of the German Basic Law defines the relationship between civil servants and the state, in which they exercise public power and fulfill their political duty of loyalty (poltische Treuepflicht), that is, their loyalty to the state and the Constitution, as a "public law relationship of official duty and loyalty (öffentlich-rechtlichen Dienst- und Treueverhältnis)." This relationship of loyalty to the state, as stipulated in Article 33, Paragraph 4 of the Basic Law, requires political neutrality, that is, political integrity, in the performance of civil servants' duties. Article 33 of the German Civil Service Act (Beamtenstatusgesetz (BeamtStG)) and Article 60 of the German Federal Civil Service Act (Bundesbeamtengesetz (BBG)) stipulate the basic duties of civil servants as a confirmed public service ethos, which states that civil servants must participate in the implementation of state tasks through non-partisan and legitimate performance of duties for the public welfare as servants of the entire nation, not of any particular political party, recognize the free democratic basic order (freiheitliche demokratische Grundordnung) and perform their duties to maintain it, and maintain moderation and self-restraint in political activities arising from their position toward the public and their public service duties. Article 7, Paragraph 1 of the Korean Constitution stipulates, "Public officials are servants of the entire nation and are responsible to the nation." Article 7, Paragraph 2 stipulates, "The status and political neutrality of public officials shall be guaranteed as prescribed by law," thus regulating the legal status, responsibilities, status, and political neutrality of public officials. The Korean National Civil Service stipulates various obligations related to the performance of official duties. Public law, such as the Constitution and Administrative Law, classifies the relationship between public officials and the state as a relationship of public duty and loyalty to the state (öffentlich-rechtliches Dienst- und Treueverhältnis). This means that public service law, as a law of duty within and for the state, and within and for the state, forms a crucial foundation for state law (Staatsrecht). The core content of public officials' duties and loyalty to the state, which constitutes the core of public service law, can be formed and developed in various ways depending on the national realities of each country. This subordination of civil service law to each country's national reality can lead to the conclusion that each country's legal regulations regarding the legal status of civil servants may be governed by the ideology that shapes that country's ideological system. Nevertheless, justifying a career civil service system based on the spirit of a national ideology cannot be considered constitutional, since civil servants perform public law duties for the society to which they belong. In this respect, the career civil service system is understood as a concept derived from the theory of state law, premised on the distinction between state and society. Article 33 of the German Civil Service Status Act (BeamtStG), which stipulates the basic duties (Grundpflichten) of civil servants, mainly stipulates partisan neutrality (Unparteilichkeit), which requires civil servants to perform their duties impartially and impartially as servants of the entire nation, not of any particular political party; recognition of the free democratic basic order (FDGO/freiheitliche demokratische Grundordnung) (Article 33, Paragraph 1); and maintenance of self-restraint and moderation in political activities (Article 33, Paragraph 2). Therefore, civil servants must serve the entire nation, perform their duties for the public welfare, and be loyal to the state. Furthermore, they have a duty (Folgepflicht) to obey the orders and instructions of their superiors, as long as such orders do not violate the law. In Germany, civil servants are mandated to serve the entire nation, not any particular political party, in the performance of their duties under Article 33, Paragraph 1 of the German Civil Service Act. Furthermore, they are provided with guidelines for performing their duties in a manner that allows them to serve the entire nation. Therefore, as institutions of the community, civil servants must realize the public good (Wohl der Allgemeinheit) through their duties. To achieve this public good, civil servants must perform their duties impartially (unparteiisch) and impartially (gerecht), serving the entire nation, not any particular political party.