Court Dismisses Lawsuit Confirming Invalidity of Reinstatement Order for Lee Gyuwon, Spokesperson of Jukguk Innovation Party

Lee Gyuwon, spokesperson for the Joguk Innovation Party, who caused controversy by joining the party during the April general election while still serving as a prosecutor without his resignation being accepted, had his lawsuit challenging the Ministry of Justice Minister's reinstatement order dismissed by the court.

The Administrative 13th Division of the Seoul Administrative Court (Chief Judge Park Jeongdae) dismissed Lee's lawsuit filed against the Minister of Justice seeking confirmation of the invalidity of the reinstatement order on the 7th.

Lee Gyuwon, spokesperson for the Party for National Innovation. Yonhap News Agency

Dismissal is issued when procedural requirements such as disposability or standing are not met. Although the court did not read out specific reasons in the courtroom that day, it appears the decision was based on the recent resolution by the Ministry of Justice to dismiss Lee, meaning there is no longer any benefit in disputing the reinstatement order's effect.

Lee submitted his resignation to the Ministry of Justice in March, a month before the general election, and joined the Joguk Innovation Party, receiving the 22nd spot on the proportional representation list. At that time, he was indicted and on trial for the 'Kim Hak-ui illegal departure ban' case, so his resignation had not been accepted.

Lee was indicted on charges of abuse of authority and obstruction of justice related to the 'Kim Hak-ui illegal departure ban' and received a suspended sentence of four months imprisonment in the first trial. He appealed and is currently undergoing a second trial. At the recent appellate trial's closing arguments, the prosecution requested a three-year prison sentence for Lee, the same as in the first trial. The sentencing hearing is scheduled for the 25th of next month.

Earlier, on the 30th of last month, the Ministry of Justice Prosecutor Disciplinary Committee held a meeting and decided to dismiss Lee. Dismissal is the highest level of disciplinary action the committee can impose, and receiving such a sanction prohibits practicing law as an attorney for three years.

According to the so-called 'Hwang Unha precedent,' there were no restrictions on Lee running in the general election while his resignation was not accepted. However, the Ministry of Justice's position is that although he was not elected and did not return to work, his activities as a party spokesperson constitute grounds for disciplinary action under the Prosecutor Disciplinary Act.

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