Ministry of Justice Resolves to Dismiss Lee Gyu-won, Spokesperson of the Jukguk Innovation Party, for Refusal to Return to Work

The Ministry of Justice's Prosecutor Disciplinary Committee has decided to dismiss Lee Gyuwon, spokesperson of the Joguk Innovation Party, who caused controversy by joining the party as an active prosecutor during the general election last April.

According to the legal community on the 31st, the Ministry of Justice's Prosecutor Disciplinary Committee held a meeting the previous day and decided on dismissal as a disciplinary action against spokesperson Lee.

Lee Gyuwon, spokesperson of the Joguk Innovation Party.

Article 3 of the Prosecutor Disciplinary Act stipulates the types of disciplinary actions against prosecutors, including dismissal, removal, suspension, salary reduction, and reprimand. Dismissal is the highest level of discipline that the Prosecutor Disciplinary Committee can decide, and those who are dismissed cannot practice law as attorneys for three years.

Spokesperson Lee is accused of violating the duty of political neutrality by being absent without leave, refusing to comply with the Ministry of Justice's order to return to work, and actively working as the spokesperson of the Joguk Innovation Party while writing various commentaries.

Article 2 of the Prosecutor Disciplinary Act (grounds for discipline) stipulates three cases as grounds for disciplining prosecutors: ▲violating Article 43 of the Prosecutors' Office Act ▲violating official duties or neglecting duties ▲engaging in acts that damage the dignity or reputation of a prosecutor regardless of whether related to official duties.

Article 43 of the Prosecutors' Office Act (prohibition of political activities, etc.) prohibits prosecutors from engaging in the following activities while in office: ▲becoming a member of the National Assembly or local council ▲participating in political activities ▲engaging in work for financial gain ▲engaging in paid duties without the permission of the Minister of Justice.

Spokesperson Lee submitted his resignation to the Ministry of Justice in March, a month before the general election, and joined the Joguk Innovation Party, receiving the 22nd spot on the proportional representation list. At that time, he was indicted and on trial for the 'Kim Hak-ui illegal departure ban' case, so his resignation had not been accepted.

Spokesperson Lee was indicted on charges of abuse of authority and obstruction of exercise of rights related to the 'Kim Hak-ui illegal departure ban' case, received a suspended sentence of four months imprisonment in the first trial, and appealed to the second trial. At the appeal trial's closing arguments held last month, the prosecution requested a three-year prison sentence for spokesperson Lee, the same as in the first trial. The sentencing hearing is scheduled for the 25th of next month.

According to the so-called 'Hwang Unha precedent,' there was no restriction on his candidacy in the general election while his resignation had not been accepted. However, the Ministry of Justice's judgment is that although he was not elected in the general election, his failure to return to work and his activities as a party spokesperson constitute grounds for disciplinary action under the Prosecutor Disciplinary Act.