공정하고 충실한 법원업무 실현을 위한 법원공무원 직급 · 직렬구조 개편 방안

이학구 ( Lee Hakgu ),김정환,안문희,김성화,서용성 사법정책연구원 2020 연구보고서 Vol.2020 No.17

The class and functional category structure of general public officials in court consists of 4 functional groups, 28 functional categories and 32 functional subcategories based on nine grades under the State Public Officials Act. Although the class structure of general public officials in court has the universal nature of government officials organization as it is based on the national public official class structure, it has different aspects from other state agencies due to the particularity of court affairs and court personnel. Nevertheless, there is not much data that has studied to examine the generality and specificity of the class and functional category structure of general public officials in court. Accordingly, the need to study the class and functional category structure of general public officials in court has emerged in order to actively respond to changes in the court’ work environment due to the expansion of electronic litigation and computerization of court work, as well as to resolve internally delayed promotions and conflicts between functional categories. This research report investigated and compared aspects of personnel structure, including the organization of offices and promotions of court members other than judges in major countries, while discussing the class and functional category structure of general public officials in court. By grasping the organization of offices of court members other than judges in the United States, Japan, Germany, and France and the specific duties of those in charge in the courts, factors applicable to the organization of general public officials in courts in Korea could be derived. This research has come to identify that we need to improve and standardize the duties of general court officials in more detail in the job-oriented position classification through studying the systems of the United States, whereas Japan, Germany and France are pursuing the openness of the personnel system through the diversification of the promotion system and the possibility of job changes. however, there would be some limitations in comparing and reviewing with uniform standards, since there might be aspects that are different from the personnel structure of Korean court officials depending on the courts organization and the status of the court members of each country. Furthermore, this report has analyzed the duties of each class by using the legal basis for the duties of general public officials in court and the actual division thereof to identify the characteristics of such duties. Based on the job characteristics of the court officials, the lack of rationality and resilience of the class system, exposure of problems in performance management and promotion, and the insufficient class and functional category structure in the information age were found to be major problems of the class and functional category structure of general public officials in court. In relation to the reorganization of the class structure of general public officials in the court, this research report proposes a few plans such as a plan for reducing the nine-level class to four levels, a plan for expanding the middle level, and a plan for reducing the nine-level class system to an eight-level class system, each as a measure of expanding and reducing the nine-level class system. The report further reviews a plan to increase the number of higher classes that has the greatest ripple effect in relation to the promotion of general public officials in the court as an outcome of the reorganization of the class structure, thereby it suggests some proposals to expand the work of judicial assistant officials and further to increase the number of senior judicial assistant officials, measures for the mediators to be assigned as general court officials, and plans to legalize of the court investigation officer system and ways to raise the class. Moreover, it also examines the introduction of a senior executive service system of the administration to expand the flexibility of senior civil service personnel management, which is closely related to the nine-level class structure, and suggests a plan to expand the open positions to replace the senior executive service system and increase the efficiency of personnel management through the revision of the Court Organization Act. Regarding the functional category structure of general public officials in court, this report deals with discussions on the functional category integration of court affairs and registration affairs and several issues of personnel management regarding the minor functional category. As the issue of the consolidation of the functional categories for court affairs and registration affairs has been discussed within the court for a long time, this research has been conducted through a survey questionnaires of court and the data that have been studied so far. From the results of this research, it has confirmed that the necessity of reinforcing qualitative professionalism in the registration affairs and the integration of court organizational culture were two of the biggest problems that emerged. Subsequently, as concrete solutions, measures such as two-functional categories integration, the maintenance of functional subcategory in addition to the two-functional categories integration, the use of a job change system, the expansion of the scope of two-functional categories work, and the improvement of the position management method after two-functional categories integration has been brought as viable proposals. After analyzing the merits and demerits of the various plans proposed, a plan to use a job change system was suggested as an optimal method to solve the problems caused by the functional subcategory separation while maintaining the functional subcategory of registration affairs. Lastly, a study on the minor functional category was reviewed by focusing on the functional category having a problem in terms of personnel management among various minor functional categories. Specifically, measures to expand the scope of duties of the functional category for management, the discussion regarding integration of the functional categories for armament and environment, the operational problem of the functional category for emergency preparedness and the functional category for court security management, high class integration of the functional category for technical affairs, and the problem of the salary system of a few specific functional categories were examined. Finally, it is hoped that this research report will serve as an momentum for court members to express their opinions on the class and functional category structure of general public officials in the court. Additionally, it is also hoped that the opinions of members with various interests will be collected, leading to a reorganization of the class and functional category structure that the court members agree with. In the end, it is sincerely wished that the class and functional category structure of public officials in the court will contribute to the realization of fair and faithful court work, ultimately being conducive to public trust in the judicial service as a whole.