Civil Servant Appointment Rules: Appointing Authority Enforces Work Hours Changes... Discriminatory Inclusion of Service Period and Parental Leave Duration in Promotion Eligibility
Attorney Yoo Ji-young, the representative for the constitutional complaint petitioner, is explaining the purpose of the constitutional complaint.
The National Time-Selective Public Officials Labor Union (Chairperson Jeong Seong-hye) held a press conference at 10:30 a.m. on the 15th in front of the Constitutional Court, together with about 20 time-selective hired public officials, to file a constitutional complaint regarding laws that infringe on equality rights and fundamental rights of time-selective public officials.
Kim Hyun-jin, Chairperson of the Public Officials Labor Union Federation, stated, “Due to institutional and non-institutional discrimination and neglect such as one computer shared by two people, wages threatening livelihood due to prohibition of concurrent positions, and personnel management that halves the quota for one person, many of our colleagues have resigned, and the remaining time-selective hired public officials nationwide have formed a community called the National Time-Selective Public Officials Labor Union. We firmly believe that laws infringing on equality rights, such as forced changes in working hours for time-selective hired public officials and the application of time-proportional promotion training periods during parental leave from the second child onward, will be ruled unconstitutional through the constitutional complaint. The Public Officials Federation will unite with the Time-Selective Union to create a discrimination-free public service society,” he emphasized.
Jeong Seong-hye, Chairperson of the Time-Selective Union, explained, “Local government time-selective hired public officials are governed by Article 81, Paragraph 1 of the Local Government Personnel System Operation Guidelines, which states that ‘if a time-selective hired public official requests a change in working hours, the appointing authority may approve the time-selective work.’ Also, when the official applies for a change in working hours, the appointing authority approves it. However, for national officials, due to the latter part of Article 95, Paragraph 4 of the National Public Officials Appointment Rules, which states, ‘If deemed necessary for personnel operation, working hours or work types may be changed according to the change period set by each institution considering personnel operation situations,’ cases of forced changes in working hours frequently occur. Since 2019, we have repeatedly raised issues through meetings with the Ministry of Personnel Management, one-person relay protests in front of the Ministry, submission of over 1,400 public proposals, and over 1,500 opinions demanding the addition of a clause on time consultation rights in the amendment of the National Public Officials Act, but there has been no progress. Due to discriminatory laws between local and national time-selective hired public officials infringing on equality and fundamental rights, we have filed this constitutional complaint,” she stated.
Attorney Yoo Ji-young (Ilryu Law Office), representing the constitutional complaint, said, “The parts concerning ‘the period worked by a time-selective converted public official in the relevant rank shall be fully included within one year of the period in Paragraph 1,’ ‘the period worked as a time-selective converted public official in lieu of parental leave shall be fully included within three years from the second child onward,’ and ‘if deemed necessary for personnel operation’ infringe upon the rights guaranteed by the Constitution of the Republic of Korea: the right to self-determination under Article 10, the right to equality under Article 11, the right to hold public office under Article 25, and the right to a humane life guaranteed by Article 34, Paragraph 1,” explaining the purpose and reasons for filing the constitutional complaint.
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