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Court rules against civil servant denied appointment over sex crime history

Published: 06 May. 2025, 16:55 Updated: 06 May. 2025, 17:03

The Seoul Administrative Court in Seocho District, southern Seoul [YONHAP]

A court has ruled that the Ministry of Foreign Affairs acted lawfully in refusing to appoint a candidate to a civil service post after learning of their previous sex crime convictions, despite having initially given the applicant an acceptance notice.

The applicant, reported to have the surname Lee, passed the Grade 9 experienced civil servant recruitment exam for the Foreign Ministry in August 2023. Lee was registered as a candidate and was awaiting placement at the Diplomatic Archives.

However, in November 2023, the ministry abruptly disqualified Lee, citing Article 39-3 of the State Public Officials Act, which eliminates candidates for conduct that significantly damages the dignity of the civil service.

The disqualification came after the ministry discovered Lee had two prior sex crime convictions.

In 2015, Lee attempted to molest a minor and received a suspended sentence of one year in prison with two years of probation under the Act on the Protection of Children and Juveniles Against Sexual Abuse.

In 2022, Lee was fined 700,000 won ($500) for sending obscene voice messages via a chat app under the Act on Special Cases Concerning the Punishment of Sexual Crimes. Lee had responded to a casual message — “What should we order for dinner?” — with sexually explicit audio.

The Ministry of Foreign Affairs' name is shown at the Government Complex Seoul in Jongno District, central Seoul. [YONHAP]

Following a hearing, the Foreign Ministry concluded last June that Lee’s past offenses rendered the candidate unsuitable for public service.

“Given the severity of the crimes involving minors, the recurrence of similar offenses in recent years and the nature of the role, we judged it would be difficult for the candidate to carry out their duties as a civil servant,” the ministry stated.

Lee filed an administrative lawsuit to reverse the decision.

But according to a ruling by the Seoul Administrative Court on Tuesday, the court recently rejected Lee's claims.

“The 2015 conviction involved an attempted assault on a minor and is a serious offense. The 2022 conviction also involved conduct that could reasonably cause sexual humiliation or disgust to the victim,” the court said.

The court emphasized the nature of the job.

“The Diplomatic Archives not only preserves and manages diplomatic records but also engages in public activities like exhibitions and education programs. Given the applicant's criminal record, it is reasonable to question their suitability for such a role, and the appointing authority’s judgment deserves respect,” it said.

However, the court partially accepted Lee’s argument that Article 39-3 of the public officials law was misapplied. It found that Lee's criminal acts occurred before Lee became a candidate and his actions thus did not constitute conduct as a candidate that could damage the dignity of the position.

Still, the court concluded that the decision not to appoint Lee was justified.

“Appointment authorities are not obligated to hire candidates on the list. They may exercise discretion, especially when the nature and frequency of prior offenses sufficiently damage the dignity and credibility of public office,” the court said.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY CHOI SEO-IN [[email protected]]