Obtaining Contact Information Through Academic Records to Say "If You Don't Have a Boyfriend, Let's Get Along"... Court Rules "Suspension Discipline Justified"

Secretly Taking Student Phone Numbers for Private Contact
Administrative Court Rules "Suspension Disciplinary Action Justified"

A ruling has been made that it was justified to impose a one-month suspension on a public official who secretly obtained a student's phone number from the academic records system of the university where they worked and contacted the student privately.

According to the legal community on the 22nd, the Seoul Administrative Court, Administrative Division 1 (Presiding Judge Yang Sang-yoon) ruled against public official A, who works at a university, in a lawsuit filed against the Seoul Metropolitan Government seeking to cancel the suspension.

In June 2022, A obtained B's phone number through an academic records inquiry in the university administrative information system. Afterwards, A called B and said things like, "Do you have a boyfriend?" and "If you don't have a boyfriend, I was hoping to get along well."

In March of the following year, Seoul City judged that A's actions violated the duties of diligence and maintaining dignity under the Local Public Officials Act and imposed a one-month suspension. A filed an appeal with the Seoul Metropolitan Local Government Appeal Committee, but it was dismissed, and A then filed an administrative lawsuit in objection.

The court stated, "Making such remarks against B's will is inappropriate in itself," and "Such acts were carried out using personal information obtained without authorization by exploiting the plaintiff's official position." It further judged, "It is difficult to see that the plaintiff is fit to hold and perform the duties as a public servant entrusted by the people, and the act risks damaging public trust not only in the individual but also in the public service community." While A's behavior cannot be definitively classified as sexual harassment under social norms, it was found to violate the duties of diligence and maintaining dignity.

Additionally, the court said, "Since the plaintiff unilaterally contacted B and even mentioned matters related to a romantic relationship, considering the content and nature, the degree of misconduct cannot be regarded as minor," and ruled that the suspension was not an abuse or excess of discretion.