[Beyond Post Reporter Kim Hyeong-un] Public officials who work for the country and the people may be subject to disciplinary action if they violate laws such as the National Civil Service Act, violate their official duties, neglect their duties, or damage their face or prestige regardless of their relationship to their duties.
Public officials who handle the affairs of the state or local governments are a type of public figure who has various obligations as servants to the people. If an individual commits a private or public act that damages the prestige of the entire civil service organization, he or she will be subject to disciplinary action taking into account the type and level of the misconduct.
When a public official or teacher commits a mistake, he or she undergoes an internal inspection and audit, is referred to the disciplinary committee, and disciplinary action is taken accordingly. At this time, if the disciplinary action is deemed unfair or excessive, he or she can apply for an appeal review to cancel or change the disciplinary action and restore his or her legitimate rights and interests.
At this time, the appeal review is an administrative trial system that applies judicial procedures mutatis mutandis and is conducted in accordance with trial procedures such as the structure of the parties' trial and evidence investigation, so the applicant must prove that the disciplinary action is unfair in order to obtain the desired result.
In addition, a prompt response is also important, and in order for the claim to be reviewed, it must be submitted within 30 days from the date of receiving the explanation of reasons for disposition. In order to obtain a reduction or cancellation of the disciplinary action, the application for appeal review must be carefully prepared and submitted based on the legal basis as to why the disciplinary action is illegal or unfair.
In the case of appeal review for confirmation of invalidity, there is no limitation on the appeal period, but there is no change in the fact that a quick response is necessary as it is rare for a defect to be recognized only when it is clearly serious and the conditions for invalidity are established.
In particular, the citation rate for claimants at the Appeals Review Committee is relatively low, so when proceeding with an appeal against a disciplinary action, it is necessary to thoroughly prepare from the time the disciplinary action is taken to find sufficient grounds for cancellation or reduction of disciplinary action and request an appeal review.
Attorney Kim Geun-soo of Daeryun Law Firm (Liuhan) advised, “In order to avoid being dismissed for not being able to sufficiently prove the unfairness of the disciplinary action when conducting a civil service appeal review due to an unfair disciplinary action, you should seek the help of an administrative lawyer as professional legal assistance, such as collecting evidence and arguing effective legal principles, is essential.”
He added, "There is no need to give up just because the Appeal Review Committee did not provide relief because the review standards of the Appeals Review Committee and the court's standards are different. Even if the appeal was dismissed, one way is to obtain a favorable ruling from the court through an administrative lawsuit."
View full article - If disciplinary action against public officials is unfair, it can be canceled or changed through appeal review.
