Okcheon County Official Loses Lawsuit Challenging Dismissal
A former public official from Okcheon County, North Chungcheong Province, who was dismissed for forcibly molesting a public official from another region during a company dinner, has lost his administrative lawsuit.
On September 30, the Administrative Division 1 of Cheongju District Court (Presiding Judge Kim Seongryul) ruled against the plaintiff in a lawsuit filed by Mr. A (in his 40s), a former Okcheon County Office official, seeking to overturn his dismissal by the Okcheon County Governor.
Mr. A was indicted on charges of following another public official, Mr. B, from a different region to a secluded area and touching him inappropriately during a Ministry of Land, Infrastructure and Transport workshop dinner at a restaurant in Sejong City in July 2022. It was reported that the two did not know each other prior to the incident.
He was sentenced to a fine of 5 million won in the first trial and was subsequently referred to the North Chungcheong Province Personnel Committee, which imposed the dismissal.
According to the National Public Officials Act, a public official who is convicted of a sexual crime and receives a confirmed fine of 1 million won or more is subject to automatic dismissal. Automatic dismissal refers to termination of employment without any special declaration of intent by either the employee or the employer, such as upon reaching the mandatory retirement age.
However, after Mr. A's fine was reduced to 900,000 won on appeal due to Mr. B's plea for leniency, he immediately filed a lawsuit seeking to overturn his dismissal. The court, however, rejected his claim, stating that the public interest served by his dismissal outweighed his personal disadvantage.
The court stated, "Mr. A's crime involved forcibly dragging the victim, who was trying to escape, and molesting him, which cannot be considered unintentional."
The court further explained, "Although there are mitigating circumstances, such as the victim expressing a wish for leniency so that Mr. A could remain in public service, the Local Public Officials Act stipulates that disciplinary action for sexual crimes cannot be reduced."
The court concluded, "The public interest in preventing sexual misconduct and upholding discipline in public office cannot be considered less significant than Mr. A's disadvantage. The public benefits of preventing sexual misconduct, strengthening discipline among public officials, and enhancing social trust through his dismissal are by no means less than Mr. A's disadvantage," thus dismissing the plaintiff's claim.
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