Court upholds cancellation of civil servant candidacy over sex crime

A South Korean court has ruled that the Ministry of Foreign Affairs was justified in revoking the employment eligibility of a civil servant candidate due to past sex crime convictions.

On May 6, the Seoul Administrative Court’s 7th Division (Presiding Judge Lee Joo-young) ruled against a plaintiff, identified as Mr. A, who had filed a lawsuit seeking to overturn the ministry’s decision to disqualify him and deny his appointment.

Mr. A had passed the final stage of the ministry’s hiring process for a Grade 9 general administrative position in August 2023 and was registered as a successful candidate. However, in November, the ministry discovered his prior convictions for sex crimes and revoked his eligibility.

The ministry later discovered that Mr. A had received a one-year suspended prison sentence in 2016 for attempted indecent assault under the Act on the Protection of Children and Youth, and a 700,000-won fine in 2022 for obscene acts via telecommunications under the Act on Special Cases Concerning the Punishment of Sexual Crimes.

The ministry cited the seriousness of crimes involving minors, the repeated nature of the offenses, and the sensitive nature of the intended position as grounds for its decision. It also referred to the National Civil Service Act, which stipulates that a person who significantly damages the dignity of public service can lose eligibility for appointment. Mr. A filed a lawsuit challenging the ministry’s decision.

The court agreed with the ministry, stating that “there is sufficient reason to believe the plaintiff, with a record of sex crimes against unspecified individuals, would face difficulty performing duties involving public interaction” and that “the discretion of the appointing authority in such matters must be respected.” It further noted that “the public interest in maintaining trust in the civil service outweighs any disadvantage the plaintiff may suffer.”

However, the court also found that Mr. A’s prior convictions did not, by themselves, meet the legal grounds for disqualification as a civil servant, as such measures typically apply to offenses committed after the acquisition of eligibility. Mr. A has appealed the ruling.

Dong-Jun Heo hungry@donga.com