Special Investigator Loses Lawsuit Seeking Recognition as Public Employee

A lawyer who served as a special investigator in the Kim Geon-hee-related probe has lost a lawsuit seeking recognition as a public employee.

According to legal sources on August 4, the Administrative Division 1 of the Seoul Administrative Court, presided over by Judge Yang Sang-yoon, recently ruled against the plaintiff in a lawsuit filed against the National Pension Service and the state to cancel the denial of enrollment in the public pension scheme.

The lawyer, referred to as A, was appointed as a special investigator in July of last year and applied for public pension enrollment. However, his application was rejected on the grounds that he was not considered a public employee, prompting him to file an administrative lawsuit.

In court, A argued that special investigators hold the status of public employees and should be eligible for public pension enrollment. He cited a provision in the Special Investigation Act that states, "Special investigators perform the duties of judicial police officers and are treated as special public officials." A based his argument on this provision.

However, the court did not accept A's claims. The ruling stated, "While the Special Investigation Act stipulates that the compensation and treatment of special investigators are equivalent to those of special public officials at levels 3 to 5, it does not provide for the granting of public employee status."

The court determined that special investigators do not fall under the category of specific public officials as defined by the National Public Service Act, nor can they be considered public employees based on the nature and content of their duties.

The court also noted, "Even if special investigators are not recognized as national public employees, there is no evidence to suggest that the essence of the special investigation system would be undermined or that the fundamental functions of the state would be compromised."

A has appealed the first-instance ruling, and the appeal is currently underway at the Seoul High Court.