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Beamter : ウィキペディア英語版
Beamter

The German word ''ドイツ語:Beamter'' (female: ''ドイツ語:Beamtin'' or ''ドイツ語:Beamte'', plural: ''ドイツ語:Beamte'') means civil servant, and is pronounced (:bəˈʔamtɐ), with a glottal stop between the "e" and the "a". This English translation is ambiguous, as German law draws a distinction between two classes of public servants, namely regular public employees (''ドイツ語:Angestellte''), who are generally subject to the same body of laws and regulations as employees in the private sector, and ドイツ語:Beamte with their own, particular legal status. This distinction is not drawn in most other states.
The conceptual foundation of ドイツ語:Beamte is to be found in the "enlightened rule" of monarchs practised in 18th-century Prussia and other German states. These states did not accept "radical" concepts such as democracy or popular sovereignty, but they did struggle to professionalise their public services and to reduce corruption and favouritism. The idea was that whoever represents the state by undertaking official duties which only the state may legally provide (''ドイツ語:hoheitliche Aufgaben''), such as issuing official documents, teaching state-approved curricula to students, preaching in state-approved churches, or making any other kind of official decisions, should have a special legal status and relationship with the state characterised by a higher-than-normal degree of loyalty. At bottom, that loyalty is regarded as mutual, with ドイツ語:Beamte having a special duty of service (''ドイツ語:Dienstpflicht'') going beyond the duties of salaried workers, with the state having a special duty of seeing to their welfare (''ドイツ語:Fürsorgepflicht'') that likewise goes beyond what would be expected of a commercial employer.
While soldiers and judges are not considered ドイツ語:Beamte in Germany, many of the same rules apply to them. However, unlike ドイツ語:Beamte, judges are not subject to the usual hierarchy and order of command of government, in order to preserve judicial independence. Similarly, unlike ドイツ語:Beamte, soldiers cannot be ordered to act in any manner unrelated to the defence of the state (with the exception of providing peaceful aid in specific emergency situations laid down by law), so as to preserve the civilian nature of the German government.
==Advantages==
In modern times, many state functions are carried out by non-ドイツ語:Beamte. This is in part due to the financial burden imposed on the state by having ドイツ語:Beamte, a status that comes with a range of privileges. These include a special health plan, the ''ドイツ語:Beihilfe'', which covers 50% of most health care expenses, the other part being the responsibility of the ドイツ語:Beamter himself and usually being covered by taking out private health insurance; an index-linked pension of at most 71.25% of the last salary, paid directly by the state rather than by the usual public pension insurance provider; and most importantly, the virtual impossibility of losing one's job - basically, the state may transfer ドイツ語:Beamte who do not perform well to other, often less desirable (but not less paid), posts, but may only terminate employment entirely in cases of serious felonies. It is a common feature of most governments that ドイツ語:Beamte are virtually non-dismissible. Thus in the United Kingdom, civil servants, although technically employed at the queen's pleasure, were for a long time regarded as having such a status, although a number of civil servants were made redundant in the wake of the 2009 recession. German ドイツ語:Beamte, by contrast, hold tenure for life as protected by Art. 33(5) of the Basic Law: appointment is for life and subject to public law, not private-law employment regulations. There is no contract of employment between the ドイツ語:Beamter and the state entity employing him. Entities that may employ ドイツ語:Beamte include, other than the federal government, the 16 state government and all local authorities, certain corporations, agencies and foundations governed by public law, such as the Catholic and Lutheran churches, whose priests have a status similar to that of ドイツ語:Beamte. These are not, however, employed by the state but by the churches in their capacity as corporations of public law.
Compared to employees ''ラテン語:stricto sensu'', ドイツ語:Beamte are exempt from all payroll taxes, although they are naturally subject to income tax (and unlike state pension, the pensions of ドイツ語:Beamte are equally subject to income tax) and private medical insurance. ドイツ語:Beamte may not generally opt into Germany's public health insurance services covering most, if not all, German employees, both in the public and private sectors. Spouses and dependent children of ドイツ語:Beamte have to be insured individually through private insurance, although they also receive ドイツ語:Beihilfe.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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