Court Upholds Disciplinary Action Against Official for Inappropriate Contact with Student

December 22, 2024
Court Upholds Disciplinary Action Against Official for Inappropriate Contact with Student

A recent ruling by the Seoul Administrative Court has confirmed the legitimacy of a one-month suspension imposed on a local government official, identified as Mr. Cho, for inappropriately contacting a female student after obtaining her phone number through a university database. The incident occurred in June 2022 when Mr. Cho accessed the student’s contact information without her consent.

On a night in July 2022, while heavily intoxicated, he called the student and asked personal questions, including whether she had a boyfriend, and expressed a desire to pursue a relationship if she was single. When the student inquired how he had obtained her number, Mr. Cho responded evasively, suggesting he would not disclose that information for fear of her reporting him.

In March 2023, the Seoul City government determined that Mr. Cho's actions violated the duties of integrity and dignity outlined in the Local Public Officials Act, leading to his suspension. Mr. Cho appealed this decision to the Seoul Local Administrative Appeals Commission, but his appeal was rejected in June 2023, with the commission affirming that his behavior constituted harassment and that the disciplinary action was appropriate.

Dissatisfied with the ruling, Mr. Cho filed a lawsuit in October 2023, arguing that his actions did not amount to harassment and that the suspension was excessive. However, the court acknowledged that while his actions may not strictly fit the definition of harassment, they were nonetheless inappropriate and warranted disciplinary action for violating the duty to maintain dignity. The court noted that Mr. Cho had misused his position to access personal information and initiate contact, which was a serious breach of conduct.

Mr. Cho has since appealed the first ruling, and the case is currently under review by the Seoul High Court.

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