Court Dismisses Suspension Request of Cancellation Order for Dual Position Permission of Councilor Kim Min-seok

A district council member who began alternative military service during his term requested the court to suspend the effect of the cancellation of his concurrent position permit, but the request was dismissed.

The Administrative Division 3 of the Seoul Administrative Court (Chief Judge Choi Su-jin) dismissed the injunction application filed on the 16th by Kim Min-seok, a council member of Gangseo-gu, Seoul, against the Yangcheon-gu Facilities Management Corporation, requesting to suspend the effect of the cancellation of his concurrent position permit. A dismissal is a decision that concludes the case without examining the merits when the requirements for litigation are not met.

The court ruled that even if Kim’s injunction application were granted, it would not result in the corporation permitting Kim’s concurrent position, thus there is no legal interest (purpose of the lawsuit). However, the warning issued by the corporation to Kim was suspended until the conclusion of the main lawsuit.

Born in December 1992 and aged 30 this year, Councilor Kim received a Grade 4 classification in the physical examination, qualifying him for social service personnel duty, and began alternative service at the corporation on the 24th of last month. Although he was elected as a member of the People Power Party in the June 1 local elections last year, he resigned from the party before starting alternative service and decided to continue his legislative activities as an independent.

The corporation initially approved Kim’s concurrent position, with the condition that he would use his off-duty time to engage in public interest activities such as listening to residents’ opinions and policy development. However, when the Military Manpower Administration issued an official interpretation stating that concurrent positions for district council members during military service are not permitted, the corporation canceled Kim’s concurrent position permit and issued a warning. Kim’s side then initiated legal action.

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