Refusal to Appoint Public Officials with Criminal Records for Sexual Offenses, Court Says "Justified"

A court has determined that the government's decision to revoke the appointment of a civil servant after discovering their sexual offense record is justified.

On the 6th, the Seoul Administrative Court stated that the Administrative Division 7 (Chief Judge Lee Joo-young) ruled against the plaintiff, A, who had passed the Ministry of Foreign Affairs' 9th-grade civil service examination but was notified of disqualification due to a sexual offense record.

A applied for the Ministry of Foreign Affairs' 9th-grade civil servant career recruitment and received a notice of acceptance in August of the year before last, subsequently being registered as an eligible candidate. However, while waiting to start working at the Foreign Affairs Archives in November of the same year, A was suddenly informed of disqualification.

The Ministry of Foreign Affairs cited "acts that greatly damage the dignity of the eligible candidate" as outlined in Article 39, Section 3 of the National Public Service Act.

Criminal Record for Sexual Offenses Critically Affects Suitability for Public Office

According to the investigation, A attempted to sexually assault a minor in 2015 but was unsuccessful and was sentenced to one year in prison, with a two-year suspended sentence, for violating the Youth Protection Act the following year.

In 2022, A had also been fined 700,000 won for using communication media to disseminate pornography under the Sexual Violence Punishment Act. This pertained to sending lewd voice messages in response to a victim's inquiry about what to order for dinner via a voice chat app.

After a hearing process against A, the Ministry of Foreign Affairs decided in June of last year to revoke A's eligibility and disqualify their appointment.

The Ministry judged that "considering the seriousness of sexual offenses against minors, the continuation of similar crimes until recently, and the nature of the position to be filled, it is determined that it would be difficult to perform duties as a civil servant."

In response, A filed administrative litigation against the Ministry, but the court sided with the Ministry.

The court concluded, "The 2015 offense involved an attempt to sexually assault a minor, which is serious, and the 2022 offense was also sufficient to cause sexual humiliation or disgust to the victim."

It further stated, "The Foreign Affairs Archives under the Ministry of Foreign Affairs not only preserves and manages diplomatic records but also engages in public diplomacy activities such as operating exhibitions and educational programs."

It added, "There is ample reason to determine that A, who has a history of sexual offenses against unspecified individuals, would find it difficult to perform duties related to public interaction at the Foreign Affairs Archives, and the judgment of the appointing authority needs to be respected to the fullest extent."

Application of Legal Grounds Improper, but Disqualification Measures Reasonable

However, the court partially acknowledged A's argument that applying Article 39, Section 3 of the National Public Service Act as a basis for disqualification was problematic.

The prior offenses of A occurred before becoming an eligible candidate for the Ministry of Foreign Affairs, so the application of the law stating they "committed acts that greatly damage the dignity as an eligible candidate" was not seen as accurate.

Nonetheless, the court deemed the Ministry of Foreign Affairs’ disqualification measure itself as reasonable.

The court stated, "The appointing authority is not obligated to appoint an eligible candidate and can exercise discretion," and noted, "Considering the nature, degree, and frequency of the offenses, it is sufficient to view this as damaging the dignity and credibility of public office."

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