CONTENTS
- 1. Traffic Accidents Involving Public Officials | Concept
- 2. Traffic Accidents Involving Public Officials | Disciplinary Action
- - Disciplinary Procedure for Public Officials
- 3. Traffic Accidents Involving Public Officials | Disciplinary Criteria for Drunk Driving
- - Disciplinary Handling Criteria by Type
- - Application of Severe Disciplinary Action When an Accident Occurs
- 4. Traffic Accidents Involving Public Officials | Response Methods
- - Request for Review or Re-examination
- - Filing for Appeal Review
- 5. Traffic Accidents Involving Public Officials | Precautions
- 6. Traffic Accidents Involving Public Officials | The Need for Assistance
1. Traffic Accidents Involving Public Officials | Concept
A traffic accident involving a public official refers to a case in which a public official belonging to the State or a local government causes a traffic accident while driving.
Not only accidents that occur during work, but also accidents that occur while commuting or during private time may affect the public official's status, depending on the circumstances and the outcome.
In particular, because public officials hold positions that require higher ethical standards and a greater sense of responsibility than the general public, administrative and legal liability, such as disciplinary action and criminal punishment, may follow at the same time when a traffic accident occurs.
If a public official wishes to retain their status, appropriate response and legal assistance from immediately after the accident are very important.
2. Traffic Accidents Involving Public Officials | Disciplinary Action
The disciplinary actions that may be imposed when a traffic accident involving a public official occurs are as follows.
Reprimand | An admonition for the misconduct, restriction on promotion for 6 months |
Salary reduction | A reduction of ⅓ of remuneration for a period of 1 month or more and up to 3 months, restriction on promotion for 12 months |
Suspension from office | For a period of 1 month or more and up to 3 months, the official retains their status but cannot perform their duties, the entire remuneration is reduced, and the official retains their status |
Demotion | The grade is lowered by one rank and the official retains their status but cannot perform their duties for 3 months, during which the entire remuneration is reduced, and promotion is restricted for 18 months |
Dismissal | Deprivation of public official status, reappointment to public office prohibited for 3 years |
Removal | Deprivation of public official status, reappointment to public office prohibited for 5 years |
*Light disciplinary action : refers to a salary reduction or a reprimand.
Disciplinary Procedure for Public Officials
① Detection of the misconduct
→ When a public official's misconduct is detected, the person with disciplinary authority investigates the facts.
② Request for a disciplinary decision
→ Within 1 month from the date of being notified of the investigation results, a disciplinary decision must be requested with respect to the person suspected of misconduct.
③ Disciplinary decision
→ The request for a disciplinary decision takes effect when the competent disciplinary committee receives the written request for a disciplinary decision.
After receiving the statement of the suspected person and conducting a factual investigation, a notice of attendance is given to the suspected person up to 3 days before the disciplinary committee is held.
④ Notification of the disciplinary decision
→ The decision of the disciplinary committee is immediately notified to the person with disciplinary authority, and the disposition is confirmed.
⑤ Objection
→ If the person authorized to request a disciplinary decision objects to the decision of the disciplinary committee, that person may, within 15 days from the date of being notified of the written disciplinary decision, request review or re-examination by the disciplinary committee established at the immediately superior agency.
3. Traffic Accidents Involving Public Officials | Disciplinary Criteria for Drunk Driving
Among traffic accidents involving public officials, drunk driving in particular is the most frequent ground for disciplinary action.
When a public official engages in drunk driving, the level of disciplinary action, ranging from a reprimand to removal, is determined according to the blood alcohol concentration level and whether an accident occurred, in accordance with Article 2 of the「Enforcement Rule of the Decree on Disciplinary Action against Public Officials」.
Disciplinary Handling Criteria by Type
In the case of drunk driving of a bicycle or similar vehicle | Salary reduction – reprimand |
In the case of a blood alcohol concentration below 0.08% | Suspension from office – salary reduction |
In the case of a blood alcohol concentration of 0.08% or more and below 0.2% | Demotion – suspension from office |
In the case of a blood alcohol concentration of 0.2% or more | Dismissal – suspension from office |
In the case of refusal of a breathalyzer test | Dismissal – suspension from office |
Application of Severe Disciplinary Action When an Accident Occurs
Simple drunk driving alone is subject to disciplinary action, but the following cases are classified as grounds for severe disciplinary action.
• When drunk driving causes casualties
• When the driver flees after causing property or personal damage
• When the driver commits a repeat violation despite a prior disciplinary record for drunk driving
Such serious matters are regarded as a grave violation of a public official's duty to maintain dignity, and they may result in dismissal or removal.
4. Traffic Accidents Involving Public Officials | Response Methods
When a disciplinary action is imposed as a result of a traffic accident involving a public official, procedures are in place to raise an objection or request review within a certain period.
Request for Review or Re-examination
The head of the agency notified of the disciplinary decision may, if the head determines that the disciplinary outcome is improper, request review or re-examination by the disciplinary committee within 15 days from the date of notification, in accordance with Article 24 of the「Decree on Disciplinary Action against Public Officials」.
At that time, the request must be submitted together with the purport and grounds of the request, as well as the supporting evidence.
▶ Materials to Prepare
• The grounds for and method of proof of the request for review or re-examination
• A copy of the written disciplinary decision or a copy of the written decision on reduction or exemption of a disciplinary surcharge
Filing for Appeal Review
The public official who is subject to the disciplinary action may, in accordance with Article 76 of the「State Public Officials Act」, request review by the Appeals Review Committee within 30 days from the date of receiving the statement of disciplinary grounds or from the date of becoming aware of the disadvantageous disposition.
In this procedure, the official may appoint an attorney as a representative and may contest whether there is any illegality or impropriety in the grounds for or the procedure of the disciplinary action.
5. Traffic Accidents Involving Public Officials | Precautions
Because a traffic accident involving a public official can extend beyond a simple accident to disciplinary action, criminal punishment, and disadvantages in status, the initial response immediately after the accident is an important starting point that determines the direction of the case.
Particular attention is required with respect to the following factors.
Do not leave the accident scene, and take basic measures such as rescuing the injured and reporting to the police.
② Attitude in statements:
Because there are many cases in which unfavorable content is inadvertently admitted when giving a statement at the scene or preparing a written account, caution is required.
③ Response to a breathalyzer test:
If the driver does not comply with a request for a breathalyzer test, this is regarded as the crime of refusing a breath test, and the driver may face heavier disciplinary action or criminal punishment.
③ Securing CCTV and dashcam footage:
Video evidence that can prove the circumstances at the time of the accident becomes key evidence in future disciplinary proceedings and criminal litigation.
④ Materials proving the connection to official duties:
Materials related to official duties, such as working hours, a business trip order, and the commuting route, can have a significant effect on the level of disciplinary action or on the determination of whether the matter is an occupational accident.
Because a minor mistake at the early stage can affect the level of disciplinary action, criminal liability, and even whether the public official's qualification is retained, it is important to establish a systematic response strategy from the outset.
6. Traffic Accidents Involving Public Officials | The Need for Assistance
A case involving a traffic accident of a public official is not merely a legal dispute but a matter directly connected to one's status as a public servant.
In particular, if a disciplinary action is imposed, various disadvantages may arise, such as restrictions on future promotion, personnel disadvantages, and restrictions on reappointment, so it is very important to establish a legal response strategy at an early stage.
▷ Establishing an appeal review strategy in the event of a challenge to the disciplinary action
▷ Preparing statements and supporting the collection of evidence in preparation for criminal proceedings
▷ Organizing the facts regarding the circumstances at the time of the accident and preparing explanatory materials
This firm, drawing on extensive experience in responding to traffic accidents involving public officials, provides tailored assistance for the protection of the public official's position and status.
It operates its own Digital Forensics Center and Evidence Investigation Center, and it systematically secures and analyzes key evidence such as CCTV and dashcam footage from the accident scene, thereby establishing a practical basis for mitigation of the level of disciplinary action or revocation of the disposition.
In addition, by cooperating with field-specific experts, including administrative attorneys, it provides step-by-step assistance from the initial statement stage through to the filing of a challenge.
If you need assistance regarding a traffic accident involving a public official, you may begin a prompt and precise response through a consultation with a 🔗traffic accident attorney.
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