Administrative Court Rules Revocation of Ministry of Foreign Affairs Civil Service Acceptance Due to Sex Crime Conviction Is Justified

Criminal Record Revealed After Final Acceptance
Court Says "Appointing Authority's Judgment Should Be Fully Respected"

A court has ruled that it was appropriate to revoke the acceptance of a national civil service candidate due to a past conviction for a sex crime.

According to the legal community on May 6, the Seoul Administrative Court's 7th Administrative Division (Chief Judge Lee Jooyoung) ruled against plaintiff A in the first trial of a lawsuit seeking to overturn the Ministry of Foreign Affairs' decision to revoke A's qualification and not appoint A as a civil servant. The verdict was delivered on February 27.

Previously, A had passed the Ministry of Foreign Affairs' general administrative recruitment exam and was listed as a candidate for appointment in August 2023. However, it was later revealed that in 2016, A had been sentenced to one year in prison, suspended for two years, for violating the Act on the Protection of Children and Juveniles from Sexual Abuse (attempted indecent assault). In 2022, A was also fined 700,000 won for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (obscene acts using communication media), and the sentence was finalized.

In response, the Ministry of Foreign Affairs stated, "Considering the seriousness of the sex crime against a minor, the fact that similar offenses continued until recently, and the special nature of the position to be filled, we determined that it would be difficult for A to perform the duties of a civil servant." The ministry therefore revoked A's qualification and did not proceed with the appointment.

A appealed the Ministry of Foreign Affairs' decision, but the court found the ministry's action to be lawful. The court stated, "There is ample reason to believe that a person with a history of sex crimes against unspecified individuals would have difficulty performing duties that involve public service, and the discretion of the appointing authority in such matters should be respected to the fullest extent."

The court further explained, "The public interest in enhancing social trust in public office, which this decision aims to achieve, outweighs the disadvantage that the plaintiff will suffer as a result of this decision."

Meanwhile, the court also found that revoking the candidate's qualification could only be based on actions committed after obtaining candidate status, and therefore did not constitute a valid reason for disqualification. A has appealed the first-instance verdict.