Relationship between the guilt, innocence, and removal from position of a public official prosecuted for a criminal case

When a public official is indicted in a criminal case, the appointing authority should automatically release the position regardless of whether he/she is guilty or not, pursuant to Article 73-2 (1) 4 of the State Public Officials Act, and it cannot be said that the above provision violates Article 26 (4) of the Constitution.

Article 73-2 (1) of the State Public Officials Act

Plaintiff

The Minister of Labor;

Seoul High Court Decision 86Gu701 delivered on December 12, 1986

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

According to Article 73-2 (1) 4 of the State Public Officials Act, "no position shall be assigned to a person who is prosecuted for a criminal case". When a public official is prosecuted for a criminal case, the appointing authority should automatically cancel his/her position regardless of whether he/she is guilty or not, and the above provision does not violate Article 26 (4) of the Constitution.

The lower court’s decision that the Defendant, who was prosecuted for a criminal case, was justifiable to dismiss the Plaintiff’s position, is justifiable, and there is no violation of the Constitution and there is no violation of this provision.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)