Sexual crimes are representative violent crimes and refer to a series of criminal acts that violate the physical and sexual freedom of others and cause sexual shame or discomfort. They range from face-to-face sexual crimes such as rape, quasi-rape, and forcible harassment to digital sex crimes committed online.
These sex crimes are severely punished under the Criminal Act and the Sexual Assault Act, but if the person who committed the crime is not an ordinary person but a government official working for the country, separate administrative measures will be imposed in addition to criminal punishment.
According to the National Civil Service Act, which was revised in 2019, if a public official is sentenced to a fine of 1 million won or more for a sex crime, he or she will be subject to retirement or disqualification from appointment. ‘Sexual violence crimes’ as defined in Article 2 of the ‘Special Act on the Punishment of Sexual Violence Crimes’ are strongly restricted from being appointed as public officials if they are fined more than 1 million won.
In addition, even if a person commits a ‘crime of distributing, selling or displaying pornography online’ rather than a face-to-face crime, if he or she is fined more than 1 million won as a ‘crime of sexual violence’, he or she cannot be appointed as a public official for three years.
In this way, if a state civil servant is sentenced to a fine of more than 1 million won for a sex crime, it is a natural reason for retirement. However, if the victim is a minor rather than an adult, the zero tolerance principle is applied and the person is permanently expelled from public office, and the appointment of civil servants is restricted.
Additionally, sexual crimes committed by state officials do not end with administrative measures against the individual perpetrator. If the head of an agency that has received a report of a sexual crime fails to take appropriate measures to prevent the possibility of concealing or condoning the incident or systematically attempts to cover up the problem, a personnel audit will be conducted by the Ministry of Personnel Management. If a problem is discovered, the name of the organization and related facts will be announced on the Ministry of Personnel Management website for at least three months.
Kim Seong-ik, a lawyer at Daeryun Law Firm (Lihan), advised, "Allegations of sexual crimes by public officials are treated seriously and require both sides to respond, not only through criminal measures but also administrative measures. Therefore, it is best to seek legal assistance from a criminal and administrative lawyer with as much experience in handling related cases as possible."
View full article - National civil servants administratively punished for sexual offenses with a fine of more than 1 million won are retired... What are the criteria for permanent expulsion?
