'Not Guilty of Bribery' Former Prosecutor General Jin Gyeong-jun Loses First Trial in Disciplinary Fine Cancellation Lawsuit

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[Asia Economy Reporter Kim Daehyun] Former Prosecutor Jin Kyung-jun, who was acquitted after being tried on bribery charges, filed an administrative lawsuit requesting the cancellation of the disciplinary surcharge, but lost in the first trial.

According to the court on the 12th, the Administrative Division 4 of the Seoul Administrative Court (Chief Judge Kim Jeong-jung) recently ruled against the plaintiff in the first trial of the lawsuit filed by former Prosecutor Jin against the Minister of Justice, seeking confirmation of the invalidity of the disciplinary surcharge.

The court stated, "Disciplinary penalties and criminal penalties differ in their basis, purpose, content, and subject, so they can be judged differently," and added, "It is not necessary for the disciplinary reason to be recognized as guilty in a criminal trial, and even if acquitted, it does not affect the recognition of the disciplinary reason."

"The Prosecutors Disciplinary Act stipulates that if the disciplinary reason is bribery, a disciplinary surcharge of up to five times the amount received can be imposed," and "It is sufficient that money or goods were received, and it is not necessary for it to be related to official duties to be a disciplinary reason," the court further explained.

Earlier, former Prosecutor Jin was dismissed and imposed a disciplinary surcharge of 10.15 million won in August 2016, shortly after being indicted on bribery charges. He was accused of receiving 425 million won to purchase unlisted shares from the late Kim Jung-ju, founder of Nexon, buying 10,000 shares, and the following year exchanging them for 8,537 shares of Nexon Japan, making a profit of about 12 billion won (bribery under the Act on the Aggravated Punishment of Specific Crimes).

However, after being acquitted of the bribery charges, former Prosecutor Jin filed an administrative lawsuit requesting the cancellation of the disciplinary surcharge.

Meanwhile, he was sentenced to four years in prison after being found guilty of third-party bribery for allegedly causing former Korean Air Vice President Seo to give 14.7 billion won worth of contracts to his brother-in-law's cleaning service company in 2010.

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