Loss of District Council Seat Due to Social Service Agent Duty During Term... Court Rules 'Not Subject to Dual Position Ban'

[Financial News] Kim Min-seok, a member of the Gangseo-gu Council in Seoul who lost his seat for serving as a Social Service Agent during his term, has been ruled by the court to be eligible to retain his position. The court determined that Social Service Agents are not classified as 'public officials' subject to the dual position ban under the Local Autonomy Act.
According to legal sources on the 8th, the Administrative Division 4 of the Seoul Administrative Court (Presiding Judge Kim Young-min) recently ruled in favor of Kim Min-seok in his lawsuit against the Gangseo-gu Council, confirming his status as a local council member.
Kim Min-seok, formerly affiliated with the People Power Party, was elected in the 2022 local elections. In January 2023, after receiving a call-up notice as a Social Service Agent, he requested permission for dual employment from the Yangcheon-gu Facilities Management Corporation. The corporation granted conditional approval, provided he refrained from political activities as a party member. Kim then left the People Power Party and began his service.
However, when the Seoul Regional Military Manpower Administration stated that 'district council members are not eligible for dual employment permission,' the corporation revoked its conditional approval. Kim filed an administrative lawsuit seeking to overturn this decision, but ultimately lost in the Supreme Court of Korea last September. The chairperson of the Gangseo-gu Council then notified Kim of his loss of council membership based on the Local Autonomy Act, prompting Kim to file another administrative lawsuit.
The central issue was whether a Social Service Agent falls under 'positions with public official status under other laws,' as specified in Article 43 of the Local Autonomy Act, which prohibits dual positions.
The court sided with Kim Min-seok. The bench stated, 'While Social Service Agents may hold a public status similar to that of public officials, this alone does not mean they are granted public official status under other laws.'
The court further noted, 'There is no explicit provision in the Military Service Act or related laws that prohibits Social Service Agents from concurrently holding a local council position. In fact, it is not impossible for them to serve as council members with dual employment approval.'
Unlike public legal officers or public health doctors, who are designated as fixed-term public officials under the Public Officials Act, there is no provision granting public official status to Social Service Agents. The court also considered that in 2023, the chairperson of the Gangseo-gu Council issued a leave of absence order to Kim Min-seok on the premise that serving as a Social Service Agent does not constitute grounds for dismissal.
The court emphasized, 'The grounds for automatic dismissal must be objectively clear,' and cautioned that 'administrative actions should not be interpreted or analogized excessively to the disadvantage of the party concerned.'
scottchoi15@fnnews.com Choi Eun-sol Reporter