Can I maintain my public official status even if I receive a fine sentence as a public official?

Hello. This is the administrative specialist attorney from Daeryun Law Firm.

To get straight to the conclusion, a public official fine sentence is in principle not a reason for immediately losing public official status.

According to Articles 33 and 69 of the State Public Officials Act, grounds for automatic dismissal are limited to cases where a person has been sentenced to imprisonment without labor or higher and a certain period has not elapsed, or cases where a certain period has not elapsed after the suspension period of a suspended sentence for imprisonment without labor or higher has ended.

That is, fine sentences generally do not fall under this.

However, exceptions exist.

Representative examples include cases where a fine of 1 million won or more for sex crimes is finalized or cases where a fine sentence of 3 million won or more is received for embezzlement, breach of trust, etc., in which case status may not be maintained even with a public official fine sentence, requiring special caution.

In addition, separately from status loss, when a fine sentence is finalized, disciplinary procedures may proceed at the affiliated institution.

In this case, depending on the type of crime, relevance to duties, and possibility of social criticism, various dispositions ranging from reprimand and salary reduction to suspension and dismissal are reviewed.

Therefore, rather than simply being relieved because it is a fine sentence, it is important to comprehensively examine which type of crime your case falls under and what procedures may follow after the public official fine sentence.

To minimize disadvantages from public official fine sentences, you need a response that not only considers the severity of the sentence but also takes into account subsequent disciplinary procedures.

If you are anxious about how your current situation may affect your public official status, please tell us how much fine was imposed in the criminal case and we will quickly help you.

Quick legal consultation is available at our main and branch offices nationwide.