Prosecutor Who Went to Court to Schedule Trial During Summer Recess Wins Disciplinary Appeal Lawsuit

[Asia Economy Reporter Kim Hyung-min] A prosecutor who was disciplined for leaving the courtroom during the summer recess and not returning, expressing dissatisfaction with the trial schedule, won both the first and second trials in a lawsuit challenging the discipline.

On the 27th, the Seoul High Court Administrative Division 1-1 (Presiding Judge Ko Ui-young, Lee Won-beom, Kang Seung-joon) ruled in the appeal trial filed by Prosecutor A against the Ministry of Justice, requesting the cancellation of a salary reduction disciplinary action, in favor of the plaintiff, as in the first trial.

The court judged that "the disciplinary action imposed on Prosecutor A is unfair and should be revoked."

Prosecutor A attended a trial for attempted murder held at the Uijeongbu District Court Goyang Branch in June 2017 while working at the Uijeongbu District Prosecutors' Office Goyang Branch. When the court announced that the next trial would be held on July 25 of the same year, he claimed that this period was during the recess.

However, when the court stated that the trial must proceed even during the recess because the case involved a serious crime, Prosecutor A requested a recess and then left the courtroom, not returning. It was reported that he appeared in court again only in the afternoon.

The Ministry of Justice imposed a two-month salary reduction on Prosecutor A under the Prosecutor Disciplinary Act, citing damage to dignity and violation of the duty of sincerity. Prosecutor A filed a lawsuit challenging this.

The first trial ruled in favor of Prosecutor A, stating that "the disciplinary action is unfair." Although the Ministry of Justice appealed, the second trial also delivered the same judgment.

This content was produced with the assistance of AI translation services.