Court rules against civil servants refuses to appoint the history of sexual offense

A court has decided that the Foreign Ministry acted lawfully in appointing a candidate for a public service after learning their previous convictions for sex crime, even though he originally gave the complainant an acceptance.
The applicant, who reported the last name Lee, passed the experienced recruitment examination of the 9th grade for the Foreign Ministry in August 2023.
In November 2023, however, the Ministry of Lee disqualified and, citing Article 39-3 of the law on state civil servants, which eliminates candidates for behaviors that significantly damage the dignity of the public service.
The disqualification came after the ministry found that Lee had two earlier convicts for sex crime.
In 2015, Lee tried to harass a minor and received a suspended prison sentence of one year with two years of probation in the protection of children and adolescents against sexual abuse.
In 2022, Lee was documented with a fine of 700,000 WON (500 US dollars) for sending obscene voice reports via a chat app under the law on special cases to punish sexual crimes. Lee replied to a casual message: “What should we order for dinner?” – with sexually explicit audio.

The name of the Ministry of Foreign Affairs is shown in the Seoul government complex in the Jongno district in Central Seoul. [YONHAP]

After a hearing, the Foreign Ministry came in June in June that Lee's earlier crimes made the candidate for public service unsuitable.
“In view of the severity of the crimes with minors, the recurrence of similar crimes in recent years and the type of role, judges that it would be difficult for the candidate to fulfill his duties as a civil servant,” said the Ministry.
Lee submitted an administrative action to reverse the decision.
After a decision by the Seoul administrative court on Tuesday, the court recently rejected Lee's claims.
“The 2015 conviction comprised an attack on a minor and is a serious crime. The conviction of 2022 also included a behavior that could reasonably cause sexual humiliation or disgust,” said the court.
The Court emphasized the type of job.
“The diplomatic archives not only preserves and manages diplomatic records, but also conducts public activities such as exhibitions and educational programs. In view of the applicant's criminal records, it is reasonable to question their suitability for such a role and deserve respect for the appointment of the appointment,” said it.
However, the court partly accepted Lees's argument that Article 39-3 of the Law of the Officials was used incorrectly. It found that Lee's criminal acts took place before Lee became a candidate and therefore did not represent his actions as a candidate who could damage the dignity of the position.
Nevertheless, the court came to the conclusion that the decision not to appoint Lee was justified.
“The appointment authorities are not obliged to stop candidates on the list. They can exert scope for discretion, especially if the type and frequency of previous crimes damage the dignity and credibility of the public office sufficiently,” said the court.

Translated from the Joongang Ilbo with generative AI and edited by Korea Joongang Daily Staff.
By choi SEO-in [[email protected]]