Disqualification for Sexual Offenses Against a Minor Revealed
Court: "Difficult to Perform Duties Involving Public Service"
The court has ruled that it is legitimate to revoke the acceptance of a candidate for a national civil servant position on the grounds of a prior conviction for a sexual offense.
On May 6, Yonhap News reported that the Seoul Administrative Court's Administrative Division 7 (Chief Judge Lee Jooyoung) ruled against the plaintiff on February 27 in the first trial of a lawsuit filed by Mr. A against the Ministry of Foreign Affairs, seeking to overturn the decision of disqualification and non-appointment.
The court stated, "There is ample reason to believe that the plaintiff, who has a record of sexual offenses against unspecified individuals, would find it difficult to perform duties that involve public service." The court added, "The judgment of the appointing authority in this regard should be respected to the greatest extent possible." Furthermore, the court noted, "The public interest in enhancing social trust in public office, which this decision seeks to achieve, outweighs the disadvantages the plaintiff will suffer."
Mr. A applied for the general administrative recruitment exam at the Ministry of Foreign Affairs and was registered as a candidate after passing the final selection in August 2023. However, it was later revealed that Mr. A had been sentenced in 2016 to one year in prison, suspended for two years, for violating the Act on the Protection of Children and Juveniles from Sexual Abuse (attempted forcible molestation), and in 2022 had received a fine of 700,000 won for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (obscene acts using communication media), with both sentences finalized.
As a result, the Ministry of Foreign Affairs issued a decision of disqualification and non-appointment. The Ministry explained, "Given the seriousness of the sexual offense against a minor, the fact that similar offenses continued until recently, and the particular nature of the position to be filled, it is deemed that the candidate would have significant difficulty performing the duties of a public official."
Mr. A contested the decision and filed a lawsuit, but the court sided with the Ministry of Foreign Affairs. It is reported that Mr. A has appealed the first-instance ruling.
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