KJCKorea
Journal Central

@article{ART001424845},
author={이한태},
title={Civil Servant’s Political Freedom of Expression and Restraints},
journal={Studies in Humanities and Social Sciences},
issn={1598-4230},
year={2010},
number={26},
pages={45-77},
doi={10.17939/hushss.2010..26.002}

TY - JOUR
AU - 이한태
TI - Civil Servant’s Political Freedom of Expression and Restraints
JO - Studies in Humanities and Social Sciences
PY - 2010
VL - null
IS - 26
PB - Institute of Humanities and Social Sciences
SP - 45
EP - 77
SN - 1598-4230
AB - Freedom of expression serves as a basis of all freedoms and cornerstone of democracy and defines the scope of expression ability of the society. The society which allows their members to enjoy freedom of expression, which we call, democratic and constitutional society pursuing human right values. In Article 21 of our Constitutional Law, freedom of expression is mentioned. So our nation guarantees freedom of expression of all the people. But In Article 7 of our Constitutional Law, political neutrality of civil servant is indicated. So civil servant's Freedom of Political Expression is limited owing to special authority relation. accordingly In Article 65 of Civil Service Act and 57 local public servants Act, political movement of civil servant is prohibited, and in Article 66 of Civil Service Act and 58 local public servants Act, collective declaration of intention is forbidden, too. It is a general principle of law that restricts the fundamental rights as respects someone that belongs to special authority relation within the scope of rationality and necessity to secure administrative stability and specificity. But in our nation, civil servant's freedom of political expression is restricted so strictly compared with advanced countries. Man is the Homo politicus. So excessive limits to civil servant's political freedom of expression infringe fundamental rights essentially. In conclusion, restriction of political freedom of expression caused by political neutrality of civil servant must be relaxed.
KW - Civil servant;Freedom of expression;Political neutrality;Fundamental rights;Homo politicus;Democracy
DO - 10.17939/hushss.2010..26.002
ER -

이한태. (2010). Civil Servant’s Political Freedom of Expression and Restraints. Studies in Humanities and Social Sciences, 26, 45-77.

이한태. 2010, "Civil Servant’s Political Freedom of Expression and Restraints", Studies in Humanities and Social Sciences, no.26, pp.45-77. Available from: doi:10.17939/hushss.2010..26.002

이한태 "Civil Servant’s Political Freedom of Expression and Restraints" Studies in Humanities and Social Sciences 26 pp.45-77 (2010) : 45.

이한태. Civil Servant’s Political Freedom of Expression and Restraints. 2010; 26 : 45-77. Available from: doi:10.17939/hushss.2010..26.002

이한태. "Civil Servant’s Political Freedom of Expression and Restraints" Studies in Humanities and Social Sciences no.26(2010) : 45-77.doi: 10.17939/hushss.2010..26.002

이한태. Civil Servant’s Political Freedom of Expression and Restraints. Studies in Humanities and Social Sciences, 26, 45-77. doi: 10.17939/hushss.2010..26.002

이한태. Civil Servant’s Political Freedom of Expression and Restraints. Studies in Humanities and Social Sciences. 2010; 26 45-77. doi: 10.17939/hushss.2010..26.002

이한태. Civil Servant’s Political Freedom of Expression and Restraints. 2010; 26 : 45-77. Available from: doi:10.17939/hushss.2010..26.002

이한태. "Civil Servant’s Political Freedom of Expression and Restraints" Studies in Humanities and Social Sciences no.26(2010) : 45-77.doi: 10.17939/hushss.2010..26.002