▲ Prosecutor Lee Kyu-won, who joined the Rebuilding Korea Party
Lee Kyu-won, a former deputy chief prosecutor at the Daegu District Prosecutors Office who was dismissed by the Ministry of Justice after running for a general election while still holding his position as a prosecutor, has lost his lawsuit challenging the disciplinary action.
The Seoul Administrative Court, under Presiding Judge Gong Hyun-jin of the 2nd Administrative Division, ruled against the plaintiff today (July 9) in the lawsuit filed by the former prosecutor against the Minister of Justice to cancel his dismissal.
Lee had submitted his resignation in March 2024 to run in the general election while serving as a deputy chief prosecutor at the Daegu District Prosecutors Office. However, the Ministry of Justice did not accept his resignation, taking into account that he was on trial regarding allegations related to the travel ban of former Vice Minister of Justice Kim Hak-ui.
Despite his resignation not being accepted, Lee ran in the April 2024 general election as the 22nd proportional representative candidate for the Rebuilding Korea Party and was not elected.
Following the election, he did not return to the prosecution service despite a reinstatement order from the Ministry of Justice and instead served as a spokesperson for the party.
In November 2024, the Ministry of Justice dismissed Lee, citing violations of duties including the prohibition of leaving one's workplace and the prohibition of engaging in political activities. Lee filed a lawsuit in December of that year seeking to overturn the decision.
However, the court determined that the Ministry of Justice's dismissal was justified.
The court explained, "As Lee's resignation had not been accepted at the time of the dismissal, he cannot be considered to have lost his status as a prosecutor," adding, "He violated the duty to remain at his workplace by failing to comply with the reinstatement order without justifiable cause, and also violated the duty of political neutrality by engaging in political activities while holding the status of a prosecutor."
The court further noted, "Considering that prosecutors, as representatives of the public interest, are required to have higher moral standards and a greater sense of responsibility than general public officials, and that the severity of the plaintiff's illegal acts cannot be considered minor, there is sufficient justification for the disciplinary action, and it is difficult to see it as an illegal act that deviates from or abuses discretionary power."
Previously, Lee was indicted in April 2021 on charges of involvement in the case related to the travel ban of former Vice Minister Kim, which was included in the grounds for his disciplinary action, but he was acquitted by the Supreme Court in June 2025.
In a separate case where Lee was indicted on charges including falsifying information in an interview report regarding construction businessman Yoon Joong-chom during his time at the Supreme Prosecutors Office's Truth and Reconciliation Commission, the Supreme Court upheld the lower court's decision last month to grant a suspended sentence of a 2 million won fine.
(Photo: Yonhap News)