Will Supreme Court Precedents Apply to Baek Gyeong-hyun, Guri Mayor, Ahead of First Trial Verdict?

Supreme Court: "Disciplinary Action if Misconduct Before Appointment Also Damages Dignity"
Mayor Baek's Side: "Not Applicable to Political Positions"

As the first trial sentencing for Baek Kyung-hyun, mayor of Guri, who was prosecuted for making false statements to quarantine authorities while hiding his COVID-19 infection, has been postponed again, attention is focused on the Supreme Court precedent that states, "Even if the misconduct occurred before appointment, if it damages the dignity of a public official after appointment, disciplinary action can be taken."

At present, if Mayor Baek is sentenced according to the prosecution's demand (six months imprisonment with one year probation), he will lose his mayoral position. Even if he receives a fine, he will be subject to disciplinary action. Morally and ethically, he will be branded with a 'dishonor' label, which is expected to cause significant damage to his political morality as well.

On December 8, 2021, Baek Gyeong-hyun, mayor of Guri City, attended the "Korean Peninsula Peace SUMMIT for New Unification Korea Gyeonggi Region Departure Ceremony" ahead of the local elections and took a commemorative photo. [Image source=Barun Media Citizens' Solidarity Blog]

According to the legal community on the 6th, if the intentionality of the crime is proven in court, general public officials can receive severe disciplinary actions such as dismissal or removal based on Article 3, Clause 3 of the Local Public Officials Disciplinary Rules. However, Guri City claims that this does not apply to Mayor Baek, who is a political official among special career public officials appointed through elections. Nonetheless, since there have been numerous cases where elected officials, including heads of local governments, have caused social controversies due to issues in morality and ethical competence, there is keen interest in whether the court will apply a stricter standard to Mayor Baek's charges.

The Guri city public service community and civic organizations argue that considering Mayor Baek participated in official political events ahead of the local elections and was subsequently elected mayor in the June 1 local elections, his false statements should be regarded as acts damaging the dignity of a public official even if the misconduct occurred before his election. They interpret this as concern that despite the criminal conviction, Mayor Baek may not face administrative discipline due to the absence of a mandatory regulation for 'self-discipline.'

Baek Kyung-hyun, Mayor of Guri City, is speaking during a conversation with citizens of Sutaek 1-dong.
[Photo by Guri City]

The Guri Regional Right Media Civic Coalition stated, "The prosecution has demanded 'six months imprisonment with one year probation' for Baek Kyung-hyun, mayor of Guri," and added, "So far, petitions demanding strict punishment for Mayor Baek have been submitted."

Moon Hae-jung, chairperson of the Guri Development Council, criticized in a phone interview with this paper, "Mayor Baek Kyung-hyun harshly criticizes others' mistakes while rationalizing his own immoral behavior." He continued, "In this unprecedented case where the mayor overseeing Guri City's administration is accused of making false statements, if there is no impact on Mayor Baek's position, how can the 200,000 citizens of Guri and over 800 public officials trust the mayor?"

Meanwhile, the prosecution demanded six months imprisonment with one year probation for Mayor Baek, who was indicted on charges of violating the Infectious Disease Prevention and Control Act.

Mayor Baek is accused of attending the "Korean Peninsula Peace SUMMIT Gyeonggi Region Departure Ceremony for a New Unified Korea" on December 8, 2021, dining at a buffet on the second floor of the venue, but falsely telling epidemiological investigators that he ate elsewhere on his way back to Guri City. It was reported that the day he attended the event was one day before he was confirmed COVID-19 positive.

Because of this, criticism has arisen that he lied while planning to run for mayor, putting an unspecified number of citizens at risk of COVID-19 infection. Mayor Baek's side claims, "He did not make false statements. Even if he did, there was no intent," asserting his innocence.

Originally, Mayor Baek's defense and the first trial sentencing were scheduled for February 2, but were postponed to March 7, and then again to the afternoon of April 13. As the sentencing date has been repeatedly delayed, some suspect it is a tactic to buy time.