Suspended Sentence for Intimidation, Acquitted of Abetting Suicide
Court: "Defendant Undermined Public Trust in Civil Service"
A former police executive who threatened his mistress before their breakup and before she made an extreme choice filed an administrative lawsuit after being dismissed, but lost the case.
According to Yonhap News on the 21st, the Incheon District Court Administrative Division 1-2 (Presiding Judge Kim Wonmok) ruled against the plaintiff in a lawsuit filed by former police executive A (age 50) seeking to overturn his dismissal by the Commissioner of Incheon Metropolitan Police Agency.
In the early morning hours of November 2, 2021, A was indicted in June the following year on charges of threatening his mistress, B (who was 46 at the time of her death), leading her to take her own life. At the time of the incident, A held the rank of police lieutenant at a police station in Incheon. During a phone call lasting about three hours with B, who wanted to end their relationship, he threatened, "I will use all my police connections to have your son criminally prosecuted and ruin his future, and I will have your workplace investigated by the tax authorities so you end up on the street." It was further found that he told the frightened B, "I will spare your son, so you should make an extreme choice." B was found dead at around 8:30 a.m. the same day in a villa in Gajeong-dong, Seo-gu, Incheon, after making an extreme choice. In February, the Supreme Court sentenced A to one year in prison, suspended for two years, for the charge of intimidation, but acquitted him of abetting suicide.
The Incheon Metropolitan Police Agency convened a disciplinary committee and dismissed A, holding him responsible for damaging the honor of the police. Dismissal is considered a severe disciplinary action for police officers, along with removal, demotion, and suspension. However, A appealed the disciplinary action through a petition, and after the petition was dismissed, he filed an administrative lawsuit in August last year.
A argued, "The remarks related to the disciplinary action were made during an emotional argument with the deceased, with whom I had an extramarital relationship, and were expressions of emotional abuse or temporary anger." He added, "I was acquitted of the charge of abetting suicide." He also appealed, "Even if the grounds for disciplinary action are recognized, my current health and financial condition are very poor," and asked for consideration of his previously exemplary service as a police officer and security agent without any prior disciplinary action.
The court stated, "A was sentenced to one year in prison, suspended for two years, for intimidation in the criminal case, and the verdict is final. Even though he was acquitted of abetting suicide, the existence of grounds for disciplinary action cannot be denied in this administrative lawsuit." The court further explained, "A's remarks are actions that could undermine not only his own reputation but also public trust in the civil service. They significantly damaged morale within the police organization and greatly undermined public trust in the police."
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