국가공무원법 상 ‘직위해제’ 제도에 관한 소고

Abstract

The “Release from Position” that is familiar to the general public through media reports is an administrative disposition based on the State Public Officials Act. It is a temporary disposition that maintains the status of public officials but releases their duties and responsibilities, but it tends to be understood as a measure to immediately impose disadvantages on public officials who have been accused of misconduct before confirming criminal punishment or disciplinary disposition. This article examines the transition process to date along with the legislative purpose of the “Release from Position”, and introduces similar legislative examples at home and abroad. In addition, opinions on improvement of the system are expressed while reviewing major issues related to the “Release from Position” (i) According to the law, the disposition-taking authority shall issue an explanatory note upon cancelling position, and if not, the disposition is invalid. (ii) A public official who is released from position should be given the right to apply for reinstatement based on a change in circumstances.