Chairman Chung Mong-gyu Maintains Suspension of Execution of Demand for Heavy Disciplinary Action The Ministry of Culture, Sports and Tourism's appeal is more important than the re-appeal lawsuit of the culture department
May 20, 2025
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On the 15th, the Seoul High Court Administration Department 4-1 (Chief Judge Oh Young-joon, Lee Kwang-man, Jeong Seon-jae) decided to dismiss the Ministry of Culture's appeal against the decision to suspend the execution of the request for notification of specific audit results and action.
The Ministry of Culture, Sports and Tourism announced the results of a special audit of the Korea Football Association in November last year and demanded that the association's Sports Fair Committee take severe disciplinary action against 16 executives and employees, including Chairman Chung Mong-kyu, over suspension and the return of 5.7 billion won in subsidies used to build a stadium in Cheonan Football Center. Ahead of Chairman Chung's bid for a fourth consecutive term, the effect of the Ministry of Culture, Sports and Tourism's request for severe disciplinary action was suspended after the court ruled on February 11 against the Minister of Culture, Sports and Tourism for notification of specific audit results and suspension of execution. The Seoul Administrative Court recognizes that there is an urgent need to prevent irreparable damage to the applicant due to the disposition, and it is difficult to say that this is the case when there is a serious impact on public welfare due to the suspension of execution"The reason for the quotation was revealed. The Ministry of Culture, Sports and Tourism immediately appealed the decision. If the appeal is cited, the association's Sports Fair Committee determines the level of disciplinary action against the chairman and executive, and if the appeal is rejected, the result of the main administrative lawsuit must be observed. On the 15th, the court decided to dismiss the appeal of the Ministry of Culture, Sports and Tourism. Accordingly, the state of 'execution suspension' with the effect of the request for severe disciplinary action suspended will be maintained. Chung's successful fourth consecutive term will be bolstered by the overwhelming support of 156 votes out of the total valid votes (182 votes) on Feb. 26. In order to respect athletes' choices and prevent confusion on the site before the appeal ruling was issued, Yoo Seung Min, the president of the Korea Sports Council, who approved the election of the president of the Korea Football Association in late March in principle, also eased the burden. The Ministry of Culture, Sports and Tourism immediately decided to appeal again.
The reason for appeal and re-appeal by the Ministry of Culture, Sports and Tourism is not about the content or justification of disciplinary action, but about procedures such as the disposition of the audit. According to the Public Audit Act (hereinafter referred to as the Sympathy Act), 'Notification of Specific Audit Results and Demand for Action' has no disposition or coercion, but the court's suspension of its execution itself was 'recognition of the disposition of the audit'. Since notification of audit results and demand for action are not compulsory, the association's Sports Fair Committee can independently and autonomously implement disciplinary decisions on the action. Even if the Korea Football Association does not fully implement the Ministry of Culture, Sports and Tourism's demand for severe disciplinary action, there is no coercion. As the Empathy Act applies not only to the Korea Football Association but also to all public institutions, concerns have been raised that the system of the Empathy Act could be shaken and the agency's provisional injunction lawsuit could continue if the audit results or demand for action becomes dispositional and compulsory.
Meanwhile, administrative litigation on the main issue will begin next month. The Seoul Administrative Court's Administrative Division 5 has set June 12 as the first hearing date for a lawsuit filed by the Korea Football Association against the Ministry of Culture, Sports and Tourism to notify the results of a specific audit and cancel the request for action. It is a lawsuit that disputes the contents of the Ministry of Culture, Sports and Tourism's audit results, such as whether they are illegal or unfair. The Ministry of Culture, Sports and Tourism said, `Regardless of appeals, re-appeals, or lawsuits, the question is how to change and improve in the future. Regarding the reasons attributable to the Ministry of Culture, Sports and Tourism through the audit, the Korea Football Association itself can take action and correct the wrong part.
This article was translated by Naver AI translator.
