‘Kim Hak-ui Illegal Departure’ 1st Trial Not Guilty, Cha Gyu-geun’s Suspension from Legal Minister Advisor Position Temporarily Halted

Court: "Difficult damages due to long-term inability to perform duties"

The effect of the Ministry of Justice's disposition to suspend Cha Gyu-geun, former research fellow at the Legal Research and Training Institute, from his position as an aide to the minister, who was acquitted in the first trial after being implicated in the illegal travel ban case involving former Deputy Minister of Justice Kim Hak-ui, has been temporarily suspended.

Former Research Fellow Cha Gyu-geun at the Judicial Research and Training Institute. / Photo by Kang Jin-hyung aymsdream@

The Seoul Administrative Court, Administrative Division 1 (Presiding Judge Kang Dong-hyuk) partially accepted Cha's request for a suspension of execution against the Minister of Justice on the 14th.

The court ruled, "The effect of the suspension from position disposition made by the respondent (Minister of Justice) against the applicant (former research fellow Cha) is suspended until the 30th day from the date of the main judgment announcement."

It added, "The intangible damages such as loss of opportunity caused by the suspension from position, which prevents the applicant from performing duties for a long period, are damages that are extremely difficult to compensate with money," and "Considering the progress of the criminal case and the disadvantages suffered by the applicant, there is an urgent need to suspend the effect."

Furthermore, the court found, "The respondent's evidence regarding whether the suspension of effect would have a significant impact on public welfare is insufficient."

Former research fellow Cha was indicted in April 2021 for being involved in the illegal travel ban case of former Deputy Minister Kim, and after being appointed as a policy aide to the Minister of Justice in May last year, he was suspended from his position. Subsequently, after being acquitted in the first trial in February this year, Cha filed a main lawsuit requesting the cancellation of the suspension and also applied for a suspension of execution.