Prosecutor Sues Over Performance Review, High Administrative Court Upholds Prosecutor's Office Decision

(CNA reporter Chang Yi-lien Kaohsiung, June 29) Prosecutor Chin Lung-kun of the Kaohsiung District Prosecutors Office allegedly sent messages to a court clerk that made the recipient uncomfortable. The Prosecutor's Office deemed his conduct improper and rated his 2024 performance review as "not meeting expectations." Chin Lung-kun filed an administrative lawsuit, but the High Administrative Court of Kaohsiung found no irregularities in the Prosecutor's Office's decision and dismissed the case. The ruling is appealable.

The judgment from the High Administrative Court of Kaohsiung stated that based on the performance review records, official memos, witness testimonies, and chat logs from communication software, the court found that Chin Lung-kun did indeed use his position to add a court clerk (who has since resigned) from the Taiwan Kaohsiung District Prosecutors Office as a LINE friend. The messages subsequently sent were unrelated to official duties and contained some frivolous remarks, causing distress to the other party. Due to his status as a prosecutor, the individual felt uncomfortable refusing or clarifying, leading to workplace difficulties.

The judge considered the plaintiff's claims, the defendant's defense and statements, and the relevant regulations of the Prosecutor's Office Performance Review Regulations. The court determined that the Taiwan Kaohsiung District Prosecutors Office, based on the regular performance review data for the second period of 2024 and considering Chin Lung-kun's "improper conduct," comprehensively assessed that Chin Lung-kun met the specific grounds for a "not meeting expectations" rating as stipulated in Article 7, Paragraph 3, Item 7 of the Performance Review Regulations: "Improper conduct, making it clearly inappropriate to rate as good." Therefore, Chin Lung-kun's 2024 performance review was rated as "not meeting expectations." The performance review and its procedures by the Prosecutor's Office did not violate the relevant regulations.

The judge concluded that the performance review of Chin Lung-kun by the Taiwan Kaohsiung District Prosecutors Office and its procedures had no legal procedural defects, errors in factual determination, violations of generally accepted standards of value judgment, or irrelevant considerations, nor did it involve any overstepping of authority or abuse of power. The ruling was legally sound, and the plaintiff's lawsuit was dismissed. (Editor: Chen Jen-hua) 0629

Stand with facts, your every sponsorship is a force to protect press freedom.

Download the CNA "First News" APP to get the latest news in real-time.

The text, images, and videos on this website may not be reproduced, publicly broadcast, publicly transmitted, or used without authorization.