Key Activities
B. Recommendation for Political Freedom of Public Officials and Teachers
On February 25, the Commission expressed an opinion to the Chairman of the National
Assembly on the need to amend the State Public Officials Act and other relevant laws so that the
basic political rights of public officials and teachers as citizens can be guaranteed as long as they
don’t harm the political neutrality requirement in the workplace. It also recommended the Minister
of Personnel Management, Minister of the Interior and Safety, Minister of Education, and the
chairperson of the National Election Commission to amend the provisions in the relevant laws
and regulations, and the lower statutes to the effect that they don’t excessively limit the political
freedom that public officials and teachers have as citizens.
Public officials and teachers are officers with a public duty, but they are also citizens with basic
rights and the freedom of expression.
With respect to public sector employees and the freedom of political communication, the United
States and some OECD nations except Japan broadly allow public officials to engage in political
activities. Even if someone in his or her capacity as a public official makes a political expression,
the general view is that restricting political communication by public officials is a matter that must
be dealt with with great prudence.
In Korea, political expressions by public officials are rigorously and extensively regulated.
Even political expressions made by a person in his or her capacity as a citizen, and not as a public
official, irrespective of his or her job, are restricted.
Considering the International Covenant on Civil and Political Rights and ruling by the
Constitutional Court, the scope and degree of restriction should be determined based on the
correlation with the principle of political neutrality, and limitations on freedom of expression
should be applied with a very high degree of clarity and the principle of proportionality should be
complied with in a strict sense.
Nevertheless, the current State Public Officials Act and its provisions, which limit personal and
collective political communication, can be problematic in that they violate the non-delegation
doctrine and the principle of proportionality with regards to the individual freedom of political
expression, and violate the purpose specification principle and the principle of proportionality with
regards to collective freedom of expression.
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