Court Suspends Effect of Order for Director of Korean Cultural Center in Zhoushanghai to Return

[Asia Economy Reporter Park Hyungsoo] The court has suspended the effect of the Ministry of Foreign Affairs' decision to recall former Korean Cultural Center Shanghai Director Kim Hongsoo to his home country.

According to the legal community on the 20th, the Administrative Division 3 of the Seoul Administrative Court (Chief Judge Yoo Hwanwoo) accepted Kim's injunction request to "suspend the effect of the order to return to his original affiliated ministry issued by the Ministry of Foreign Affairs."

Earlier, the Ministry of Foreign Affairs filed disciplinary action against former Director Kim in February this year and took recall measures in March. This was a response to conflicts that arose between Kim and the Cultural Center staff.

Since his appointment in September 2019, former Director Kim recommended disciplinary actions against employees working at the Cultural Center to the Ministry of Culture, Sports and Tourism, citing poor work attitude as the reason for discipline.

The Korean Cultural Center is under the Ministry of Foreign Affairs, but the employees working at the Cultural Center belong to the Overseas Culture and Publicity Agency under the Ministry of Culture, Sports and Tourism. Since former Director Kim did not have personnel authority over the Cultural Center staff, he recommended disciplinary actions to the Ministry of Culture, Sports and Tourism.

The employees who were subject to discipline reported former Director Kim to the Overseas Culture and Publicity Agency for workplace harassment, alleging abuse of power such as refusing to approve substitute leave and verbal abuse.

Former Director Kim underwent investigations by the Overseas Culture and Publicity Agency and the Ministry of Foreign Affairs. After the investigation, disciplinary action was filed against him. According to the law requiring return to the original affiliated ministry upon disciplinary filing, he was recalled in March before completing his term.

Former Director Kim filed a main lawsuit and an injunction with the court, arguing that the employee's poor attendance was serious and that the Ministry of Foreign Affairs' measures were unfair. The court ruled in favor of Kim, stating there was an urgent need to suspend the recall measure.

The court stated, "There is a risk of irreparable damage to the applicant," and "It is recognized that there is an urgent need to prevent this." The court also explained, "Suspending the effect of the order to return to the original affiliated ministry is not likely to have a significant impact on public welfare."