Former high-ranking prosecutor reinstated

Former head of the Daegu High Prosecutor`s Office, Shim Jae-Ryoon, who was dismissed from his post for challenging the prosecution`s leadership by refusing to step down from his post last year, won an appeal filed against the government.

Shim can be reinstated if the Supreme Court, where the case will proceed to, upholds the ruling made by the Seoul High Court on August 22. The court ruled that the government over-exercised its authority by forcibly relieving Shim of his post, and ordered that it reinstate Shim. Shim was one of the high-ranking prosecution officials under investigation for a bribery scandal caused by a Daejeon-lawyer, Lee Jong-Ki.

The ruling overturns the decision made at a lower court, which earlier ruled in favor of the government, citing stability of the prosecution, even as it recognized that depriving Shim of his post in itself was illegal.

In the ruling statement, the court said that Shim`s acts of refusing to appear for cross examination with the Daejeon lawyer, deserting his office to formally denounce the prosecution leadership, was deserving of only a reprimand.

However, the heavy measure -- delivered to Shim, without proof, saying that he did indeed receive a rebate from Lee -- was unfair and illegal considering Shim`s long career as a prosecutor and his contributions to society, the statement said.

The court also said that it took into consideration in its ruling that Shim apologized to the public for inappropriate conduct as a prosecutor in his public statement for his involvement in the scandal.

The court criticized the ruling of the lower court, pointing out that it is not a major challenge but a surmountable task if the prosecution pools its wisdom to reinstate a wrongly dismissed prosecutor.

Meanwhile, Shim thanked the court for its courage in admitting that the Prosecution made a wrong decision. He said that he will decide on his future course of action after a final verdict.

The Justice Ministry said that it will immediately appeal to the Supreme Court.