Court: "Government Can Request Investigation of Affiliated Public Officials and Immediately Suspend Them from Duty"

Seoul High Court, Seocho-dong, Seoul.

[Asia Economy Reporter Kim Daehyun] A court ruling has determined that when the government requests an investigation into a public official under its jurisdiction, the investigation is considered to have started from that point, allowing the official to be suspended from their position.

According to the legal community on the 26th, the Seoul High Court Administrative Division 10 (Presiding Judges Lee Wonhyung, Han Soyoung, Sung Eonju) overturned the first trial and ruled against Mr. A, former director of the National Disaster Safety Research Institute, in his lawsuit against the Ministry of the Interior and Safety seeking to cancel his suspension from office.

The court stated, "The Ministry of the Interior and Safety's request for investigation is a report accusing the plaintiff, a public official of the affiliated institution, of criminal acts related to their duties," adding, "It effectively corresponds to a complaint under the Criminal Procedure Act."

The Ministry of the Interior and Safety, after receiving a notification from the Office for Government Policy Coordination that Mr. A was suspected of bribery misconduct, requested an investigation from the Ulsan Police Agency on September 3, 2018, and suspended Mr. A from his position the following day.

In response, Mr. A filed an administrative lawsuit on September 4, the day his suspension was issued, arguing that he did not meet the suspension criteria under the National Public Service Act as "a person under investigation or inquiry by investigative agencies such as the Board of Audit and Inspection, prosecution, or police."

The investigation start date recorded in the notice sent by the police to the Ministry of the Interior and Safety was September 6.

The first trial ruled in favor of Mr. A, stating that a mere request for investigation does not mean the investigation has started.

However, the second trial judged that the investigation is considered to have started from the time the Ministry of the Interior and Safety requested it, and even though the official notification of investigation commencement was made two days later, Mr. A was subject to suspension.

Mr. A was indicted without detention on bribery charges in December 2019.