Seoul National University Disciplinary Committee Decides to Dismiss Cho Kuk... Will It Lead to Administrative Lawsuit?

Seoul National University Disciplinary Committee Decides to Dismiss Cho Kuk on the 13th
Legal Team "Will File Teacher Appeal"
Administrative Lawsuit Also Considered Depending on Appeal Outcome

Seoul National University has decided to dismiss former Minister of Justice Cho Kuk from his position as a professor at the Law School. Former Minister Cho has stated that he will appeal the decision, indicating that a legal battle between Seoul National University and Cho is likely to ensue.

Former Minister of Justice Cho Kuk, who has been indicted on charges of entrance exam fraud and covering up an inspection, is attending a trial held at the Seoul Central District Court in Seocho-gu, Seoul on the 14th. Photo by Jinhyung Kang aymsdream@

The disciplinary committee of Seoul National University resolved on the 13th to dismiss former Minister Cho from his professorship. This comes 3 years and 5 months after Cho was indicted without detention in December 2019 on charges including bribery. The disciplinary measures at Seoul National University include dismissal, removal, demotion, suspension, pay reduction, and reprimand, with dismissal being the most severe. The disciplinary committee’s resolution takes effect once approved by the president of Seoul National University.

Former Professor Cho was sentenced to two years in prison in the first trial in February. According to Seoul National University’s personnel regulations, disciplinary subjects who have been confirmed with a sentence of two years or more are to be ‘automatically retired.’ Once dismissal is confirmed, the individual is banned from public servant or faculty appointments for five years and cannot be re-employed at other universities. Retirement benefits and severance pay are also reduced, and only half of the public servant pension is paid.

Seoul National University stated that there is no issue with deciding on dismissal immediately after the first trial verdict without waiting for the Supreme Court’s final ruling. A university official said, “The decision on whether to set the timing of disciplinary action before or after the final ruling is at the discretion of the disciplinary committee.”

After the dismissal announcement, former Minister Cho’s legal team declared, “We will immediately appeal.”

Former Minister Cho can file an appeal for review with the Faculty Appeal Committee. The Faculty Appeal Committee reviews unfavorable disciplinary actions against faculty members. If Cho files for review within 30 days from the date of dismissal notification, the committee will appoint an investigator, receive evidence from Cho, and conduct a fact-finding investigation. Unless there are special circumstances, the appeal must be processed within 60 days. In cases of dismissal or removal, the committee cannot appoint a successor until a decision is made. Therefore, if Cho requests a review, Seoul National University cannot hire a new professor for the criminal law position that Cho held until the decision is finalized.

If the review results are unfavorable, former Minister Cho is expected to file an administrative lawsuit. He can file an administrative lawsuit with the competent administrative court within 90 days from the date of notification of the committee’s decision.

Former Minister Cho is also considering applying for a suspension of execution of the dismissal. Suspension of execution is a system that halts the effect or enforcement of a disciplinary action (dismissal) until the administrative appeal results are finalized if there is a risk of damage to the appellant (former Minister Cho) during the administrative appeal process. Attorney Jeon Jong-min, representing Cho, said, “We are still discussing whether to apply for suspension of execution.”

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