임기제 공무원의 근무기간 연장과 기대권 (Extension the period of service and theory of the right of expectation for public official in a fixed term position)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 87호 / 371 ~ 404페이지
· 저자명 : 박수근, 김우경

초록

In the eye of the law, public official is classified as general public official who can work until retirement age and as public official in a fixed term position who can work until the end of the period of service. It is the important matter for public official in a fixed term position that legal protection to employment instability.
Former state public officials act has articles about ‘public official in contractual service’. It was changed to ‘public official in a fixed term position’ at 2012. The period of service of public official in a fixed term position shall termintate at the end of the period of service, but Degree On The Appointment Of Public Officials has articles about extension of the period service to 5 or 10 years. However, if a public official in a fixed term position wants to extend the period of service, there is no leal means to take. So, more research is necessary about the current law and solution for employment instability.
This matter is located between administrative law and labor law, so it could be difficult matter. In this paper, we reviewd this matter at three aspects. 1st, in comparison with general public official, verify the legal characteristics of public official in a fixed term position. 2nd, based on legal charateristics, seek the application possibility of theory of the right of expectation through the principle of trust protection and theory of contracts under public law. 3rd, find legal means can be taken by public official in a fixed term position who wants to extend the period of service.

영어초록

In the eye of the law, public official is classified as general public official who can work until retirement age and as public official in a fixed term position who can work until the end of the period of service. It is the important matter for public official in a fixed term position that legal protection to employment instability.
Former state public officials act has articles about ‘public official in contractual service’. It was changed to ‘public official in a fixed term position’ at 2012. The period of service of public official in a fixed term position shall termintate at the end of the period of service, but Degree On The Appointment Of Public Officials has articles about extension of the period service to 5 or 10 years. However, if a public official in a fixed term position wants to extend the period of service, there is no leal means to take. So, more research is necessary about the current law and solution for employment instability.
This matter is located between administrative law and labor law, so it could be difficult matter. In this paper, we reviewd this matter at three aspects. 1st, in comparison with general public official, verify the legal characteristics of public official in a fixed term position. 2nd, based on legal charateristics, seek the application possibility of theory of the right of expectation through the principle of trust protection and theory of contracts under public law. 3rd, find legal means can be taken by public official in a fixed term position who wants to extend the period of service.

참고자료

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