Gov't official avoids disciplinary action for complying with unjust order

By Kim Hyun-bin

A government official has won a suit which he filed to nullify disciplinary action taken against him for following an illegal order given by former Vice Culture Minister Kim Chong.

The order was made during the massive corruption scandal involving former President Park Geun-hye and her confidant Choi Soon-sil.

The Seoul Administrative Court ruled in favor of the official at the Ministry of Culture, Sports and Tourism, identified by his surname Kim, Monday, ordering the ministry to rescind the disciplinary action.

The Board of Audit and Inspection (BAI) found early last year that Kim approved the establishment of the K-Sports Foundation ― later found to have been controlled by Choi ― upon the orders of the former vice minister and another superior, even though the foundation failed to meet the necessary requirements.

After the presidential corruption scandal emerged at the end of 2016, it was found the vice minister committed multiple irregularities and peddled influence for Choi.

Kim was also ordered to allocate funds to a specific sporting organization led by a friend of the vice minister, and also to illegally halt funding for the Korean Olympic Committee (KOC).

Following the BAI inspection, Kim received a reprimand. He appealed to the Ministry of Personnel Management, which said Kim should not be punished for the K-Sports Foundation approval.

Regarding the funding accusations, Kim filed the suit with the court.

“At the time, Kim followed the former vice minister's orders, because he, as a public servant, had an obligation to follow his superiors' orders. He was also not involved in the decision-making process,” the court said.

The vice minister was sentenced to three years imprisonment by a district court, upheld by the high court, for colluding with Choi to extort money from conglomerates in the name of donations to the latter's foundation, and for exercising influence in other irregularities concocted by Choi.

The corruption scandal led to the ouster of former President Park. Both Choi and Park are also in prison.