공직가치 논의의 법적 함의와 문제점

초록

The vocational official system (Berufsbeamtentum) is not partly fit to changing period at the time of the 21st century, when the traditional values are also collapsed. The discussion for public service values is to present the new direction to carry out official duties. Despite of it’s good goal, it can not function as a code of conduct for public officials, which has practical powers. It is the biggest problem of the discussion for public service values that the relation between public service values and the contents of practical norms is unclear. It is important and urgent to classify and position every public service value in the contents of practical norms. All of the public service values should not be derived from the positive law and not based on the law of the existing norms. But in the time of rule of law, in which all the criteria for the important state action must be legislated, it is desirable for the values for civil servants to observe also to be codified. And It must be explained about the relationship between the contents of practical norms and the public service values which are not derived from the positive law.

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