Former prosecutor Lee Gyu-won filed a lawsuit arguing that the dismissal imposed on the grounds that he engaged in activities with the Cho Kuk Innovation Party while employed as a prosecutor was unjust, but he lost.

The Administrative Division 2 of the Seoul Administrative Court (Presiding Judge Gong Hyun-jin) on the 9th ruled against the plaintiff in the lawsuit filed by former prosecutor Lee Gyu-won against the Minister of Justice seeking to revoke his dismissal. The bench stated, “We cannot find any procedural defect in the disciplinary disposition, and some of the grounds for discipline are established,” adding, “Even the grounds that are established alone suffice to recognize the propriety of the disciplinary measure.”

The court explained that “as representatives of the public interest, prosecutors are required to meet higher standards of morality and responsibility than ordinary public officials; the degree of unlawfulness in the conduct of the former prosecutor cannot be regarded as minor; the dismissal cannot be seen as deviating from the standards for disciplinary sanctions; and there is a significant public need to restore fairness and political neutrality in prosecutorial duties and public trust in the prosecution service. For these reasons, the grounds for discipline that are established alone are sufficient to uphold the propriety of the disciplinary disposition.”

Earlier, in March, the court recommended a settlement proposal to Lee and the Ministry of Justice to cancel the dismissal, but in the ruling issued that day it ruled in favor of the Ministry of Justice. At the time, considering that Lee had been acquitted in the criminal case and that the state of uncertainty might continue for a long time, the court proposed that both sides accept cancellation of the dismissal as a settlement. However, unlike Lee, the Ministry of Justice did not accept the proposal. The court then proceeded with hearings and delivered the judgment that day.

In March 2024, Lee tendered his resignation to the Ministry of Justice and ran as a proportional representation candidate for the Cho Kuk Innovation Party, but after losing he served as the party spokesperson. The Ministry of Justice did not accept his resignation in light of the fact that he was then on criminal trial in a case related to former Vice Minister of Justice Kim Hak-eui. After Lee lost and, disobeying the order to return to duty, continued party activities, the Ministry of Justice convened a disciplinary committee in November of that year and dismissed him. Dismissal is the most severe level of discipline and restricts practicing as an attorney for three years.

The Ministry of Justice cited as grounds for dismissal that, while still a sitting prosecutor, Lee served as the Cho Kuk Innovation Party spokesperson, thereby violating the duty to refrain from involvement in political activities. It also cited as reasons the illegal exit ban on former Vice Minister Kim, the drafting of a false report by the fact-finding team related to Kim, and refusal to report to work without just cause.

The court largely accepted the Ministry of Justice’s grounds for dismissal. The court stated, “Lee failed to comply with the order to return to duty without just cause, thereby violating the duty not to leave the workplace, and engaged in political activity while holding the status of a prosecutor, thereby violating the duty of political neutrality.”

The court also found that the part in which Lee was found guilty in relation to the investigation into allegations of sexual entertainment at the villa of former Vice Minister Kim constituted grounds for discipline. The court stated, “Disciplinary grounds related to portions for which an acquittal was rendered in the related criminal case are not recognized,” but added, “With respect to the portions for which a guilty verdict was rendered, grounds for discipline are established because he violated the duty, as a prosecutor, to comply with the law and work faithfully, and the duty not to engage in conduct that damages dignity or prestige.”

The criminal trials of Lee related to the case involving former Vice Minister Kim have concluded. On the allegation that he imposed an illegal exit ban on Kim, Lee was finally acquitted by the Supreme Court last year. On the allegation that, during the investigation into suspected sexual entertainment at Kim’s villa, he drafted a false interview report and leaked contents to the media, some counts were upheld and the Supreme Court finalized a stay of sentence on a fine.

After receiving the dismissal, Lee stated on his social media, “Through legal procedures I will expose the illegality of the disciplinary disposition by the Ministry of Justice, reveal its falsity and outrageousness, restore my honor as a public official, and then resign on my own two feet.”