Military Manpower Administration's Ban on Dual Positions Remains in Effect
District Council Deliberates on Response
The court has temporarily halted the leave of absence order issued to Minseok Kim, a Seoul Gangseo District Council member, who began his alternative military service during his term.
On June 19, the 8th Administrative Division of the Seoul Administrative Court (Presiding Judge Lee Jeonghee) partially accepted Council Member Kim's request for a stay of execution against the Gangseo District Council Chair. The effect of the leave of absence order will be suspended until 30 days after the first-instance verdict is delivered in the main lawsuit, which seeks to cancel the leave order. The court explained its reasoning by stating, "There is an urgent need to prevent irreparable harm to Council Member Kim that could result from the leave of absence order."
Born in December 1992, Council Member Kim is 30 years old. He was classified as Grade 4 in his physical examination, making him eligible for social service work, and began his alternative service at the Yangcheon District Facilities Management Corporation on February 24. Although he was elected in the June 1, 2022 local elections as a member of the People Power Party, he left the party before starting his alternative service and decided to continue his council duties as an independent.
Kim Minseok Seoul Gangseo District Council Member [Image source=Kim Minseok Council Member Homepage]
The corporation initially granted permission for Council Member Kim to hold dual positions, on the condition that he would engage in public-interest activities such as gathering residents' opinions and developing policies outside of his working hours. However, after the Military Manpower Administration issued an authoritative interpretation stating that council members cannot hold dual positions while serving in the military, the corporation revoked Kim's dual position approval and issued a warning.
Kim's side filed a lawsuit seeking to overturn the corporation's disciplinary action and simultaneously requested a stay of execution to suspend its effect. In March, the Seoul Administrative Court temporarily suspended the effect of the warning, but dismissed the request to stay the revocation of dual position approval, citing a lack of legal interest in the case.
As confusion arose over whether dual positions were allowed, the Gangseo District Council requested an authoritative interpretation from the Ministry of the Interior and Safety. The ministry responded that while Kim could retain his status as a council member, the council chair could order him to take a leave of absence. The council chair then issued Kim a leave of absence order and suspended his council remuneration.
As a result of the court's latest decision, Council Member Kim is now effectively able to resume his council duties, but since the Military Manpower Administration's ban on dual positions remains in effect, the controversy is expected to continue. The Gangseo District Council is currently holding meetings to discuss issues such as whether and how to pay council activity allowances if Kim resumes his duties. A council official stated, "We are trying to reach a conclusion as quickly as possible," but also noted, "The ban on dual positions is beyond our authority, so it is a difficult situation."
On June 10, Council Member Kim also disclosed the identity of the perpetrator in the 'Busan Roundhouse Kick' case on his social media account.
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