How do I respond to severe disciplinary action against a public official?

Hello. This is an attorney specializing in administrative law at Daeryun Law LLC.

The matter you inquired about is one in which a criminal case and severe disciplinary action against a public official (a removal disposition) proceeded simultaneously, so a very careful legal approach is required.

If a fine has already been imposed in the criminal trial, strategic measures to respond to the criminal procedure and the disciplinary procedure simultaneously are necessary.

First, in the criminal case, even though a fine has been imposed, there is ample room to assert acquittal or mitigation through an appeal, depending on the circumstances of the case and the evidentiary relationships.

In particular, sex crime cases require a comprehensive analysis of the credibility of the complainant's statement, the circumstances at the time, both parties' messages and contact, and the course of the meeting, and if there are materials that can prove it was a consensual relationship, there is also a possibility that the outcome could change on appeal.

Attorneys specializing in criminal law at Daeryun Law LLC collaborate with a digital forensics center to precisely analyze electronic evidence such as text messages, KakaoTalk, location records, and CCTV, and, based on this, submit an appraisal report proving that it was a ‘consensual relationship,’ thereby pursuing a defense strategy that fundamentally overturns the basis of the criminal judgment.

Meanwhile, the disciplinary aspect proceeds separately from the criminal trial, but in practice the result of the criminal judgment greatly affects the determination of the level of discipline.

Therefore, it is most important to pursue, together with the appeal in the criminal case, an appeals review or administrative litigation regarding the disciplinary disposition in parallel.

If the disciplinary disposition is judged to be unfair or excessive, under the Public Officials Disciplinary Decree, an appeals review can be requested within 30 days from the date the disposition is notified, and if you dispute the appeals review decision, it can lead to a disciplinary revocation lawsuit under the Administrative Litigation Act.

In an appeals review or administrative litigation, the unfairness of the removal disposition is asserted on grounds such as ▲misapprehension of facts regarding the grounds for discipline, ▲procedural defects (failure to provide an opportunity to explain, unfair deliberation), and ▲abuse of discretionary power in the assessment of the disciplinary level.

Daeryun Law LLC provides an integrated criminal-administrative response system for public official cases in which a criminal case and a disciplinary case proceed simultaneously.

An attorney specializing in criminal law handles the appellate defense, and an attorney specializing in administrative law pursues the disciplinary revocation and reinstatement lawsuit in parallel, thereby managing the case as a whole.

In addition, Daeryun uses an AI and big data judgment analysis system to compare and review precedents in similar cases, and pursues a strategic response aimed at securing a realistic possibility of reinstatement, based on precedents in which sentences were mitigated or dispositions were revoked.

In the current situation, preparing the criminal appeal and the disciplinary appeals review at the same time appears to be the most desirable response.

Based on our experience handling many public official disciplinary and criminal cases, Daeryun Law LLC promises substantive assistance aimed at restoring your position and your honor.

We recommend that you request a consultation with our firm now and promptly secure the relevant evidence (conversation content, access records, investigation records, and the like).