Former Chief Prosecutor Kim Hyeong-jun Wins Second Trial in Disciplinary Fine Cancellation Lawsuit Against Ministry of Justice

Former Chief Prosecutor Kim Hyung-jun. [Photo by Yonhap News]

[Asia Economy Reporter Choi Seok-jin] Former Chief Prosecutor Kim Hyung-jun, who was convicted in the so-called ‘Sponsor Prosecutor’ case for receiving tens of millions of won in money and entertainment from a high school classmate, won again in the second trial of an administrative lawsuit against the Ministry of Justice, claiming that the disciplinary surcharge was excessive.

The Seoul High Court Administrative Division 8 (Presiding Judges Kim Yoo-jin, Lee Wan-hee, Kim Je-wook) on the 15th dismissed the appeal by the defendant Ministry of Justice in the appeal trial of the cancellation lawsuit for the disciplinary surcharge imposed on former Chief Prosecutor Kim against the Ministry of Justice, and upheld the first trial ruling to “cancel the disciplinary surcharge of approximately 89.28 million won imposed on the plaintiff.”

Former Chief Prosecutor Kim was prosecuted on charges of receiving entertainment worth about 24 million won at bars in Gangnam, Seoul, and accepting money amounting to 34 million won from businessman Kim, a middle and high school classmate, in exchange for facilitating investigations from 2012 to March 2016.

Accordingly, in November 2016, the Ministry of Justice held a Prosecutor Disciplinary Committee meeting, resolved to dismiss former Chief Prosecutor Kim, and decided to impose a disciplinary surcharge of 89.28 million won, which is twice the amount of 44.64 million won in money and entertainment received.

In court, former Chief Prosecutor Kim argued, “The Ministry of Justice’s disciplinary surcharge was based on the premise that the amount of money and entertainment received was about 44.64 million won, but since only about 7.2 million won in entertainment was recognized in the criminal trial, the disciplinary surcharge should also be reduced.”

Earlier, the first trial court ruled in favor of former Chief Prosecutor Kim, stating, “Under the former Prosecutor Disciplinary Act, the disciplinary surcharge can be calculated within five times the amount of entertainment received, and five times 7.2 million won is about 36 million won.”

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