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A Study on the Discriminatory Contents of Article 11 of the Constitution and the Travel Expense Regulations for Public Officials

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(4), pp.443-471
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 12, 2021
  • Accepted : November 29, 2021
  • Published : November 30, 2021

KeumSeob Lim 1

1경찰대학

Candidate

ABSTRACT

Article 11 of the Constitution of the Republic of Korea stipulates that all citizens are equal before the law and that they are not discriminated against in all areas including politics, economy, society, and culture. In order for public officials to perform their official duties smoothly, the State stipulates matters related to travel expenses of public officials by Presidential Decree. However, in the travel expenses regulations enacted by the Presidential Decree, travel expenses are paid differently according to the classification of public officials. According to the classification of national officials from the basic needs of individuals, such as clothing, food, and meals, meals and weeks, travel expenses are paid with a marked difference in the rules for calculating overseas travel expenses. It is considered necessary to revise the part that is discriminated against in the travel expenses regulations enacted by the Presidential Decree, despite the fact that it is a public service for the state. The matters requiring revision of the travel expenses regulations include: First, it is a plan to unify the classification of all civil servants by deleting the classification of civil servants as No. 1 and No. 2 in Attached Table 1 of the classification of travel expenses in Article 3 of the Travel Expense Regulations for Public Officials. In the travel expenses payment classification table of the Travel Expenses Regulations, the civil servants are divided into 5 stages in subparagraph 1 to A, B, C, D, and subparagraph 2, and the travel expenses for civil servants are differentially paid. However, civil servants are already paying different salaries and allowances according to their position or position, and it is desirable to unify the classification of public officials in the travel expense regulations as their official duties are for the state and serve the people. Second, it is a plan to remove the difference in payment of daily expenses, lodging expenses, and meals in the overseas travel expense payment table by increasing the difference in the amount according to the classification of public officials, and pay the difference in the same amount. Overseas travel expenses are paid in U.S. dollars, and for public officials who fall under subparagraph 2 in the classification of public officials, the expenses used abroad may sometimes occur more than the amount stipulated in the travel expenses regulations. We propose a method of paying similarly to the public officials in item Third, special travel expenses regulations should be newly established for public officials to perform official duties in situations of national importance, such as the abduction of domestic citizens abroad. In the above case, it is common for public officials No. 1 and No. 2 of the Travel Expense Regulations of Public Officials to go together and perform the same work, but there is a big difference in the case of receiving travel expenses in the future. In some cases, the amount paid is less than the amount actually used, so personal expenses may be used even though it is a public service, so a new travel expense regulation is needed. As it is stipulated by law to become a citizen of the Republic of Korea, public officials are volunteers, and public officials are responsible for the people, the government has deleted or amended the travel expenses regulations that differentially paid according to the classification of public officials, so that public officials perform official duties and are actually used. Paying all of them is the right to pursue happiness with value as a human being and a public official.

Citation status

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