Appeals Review

These are official disciplinary actions imposed on a public official, including the following dispositions.

-Removal: deprivation of public official status

-Dismissal: a disposition that removes a person from public office

-Demotion: a lowering of rank

-Suspension from duty: suspension of work for a certain period

-Reduction of salary: a partial deduction of pay

-Reprimand: a warning-type disciplinary action (including the imposition of a disciplinary surcharge)

This also includes cases in which a person received a personnel disadvantage that they did not want, even though it is not a disciplinary action.

For example, the following cases apply.

-Downgrading: a case in which one's rank or position is lowered

-Leave of absence: being excluded from duty for a certain period

-Removal from position: being relieved of duty

-Dismissal from office: being removed from one's post

-Transfer: a move to an undesired department

-Warning or uncharged warning: a verbal warning that does not remain on the personnel record, and the like

When a public official applies for a certain administrative action but the administrative agency takes no measure for a long time, this also becomes a subject of appeals review.

For example, a case in which a person requested reinstatement but received no response at all falls under this category.

An appeals review is not available for every grievance or disposition. In the following cases, the matter is excluded from the subject of an appeal.

▶Dispositions not directly related to status
Example: simple monetary matters, such as an indemnification order or an omission in the payment of an allowance

▶Abstract assertions, such as a request to amend statutes
Example: a general request such as "Please abolish this system"

▶Acts at a stage where the administrative agency's internal review or decision has not been finalized

▶Recommendations, guidance, or expressions of opinion that have no legal binding force
Example: a mere recommendation or interpretive guidance from a committee

Let us look at the documents required when requesting an appeals review.

1. Related to disciplinary action and disciplinary surcharge

-Appeals review request form (including the applicant's signature)
-Personnel notice of the disciplinary action
-Statement of reasons for the disciplinary action
-A copy of the disciplinary resolution
-Materials supporting the assertions
(for example, Supreme Court judgments, records of commendations, petitions, and the like)
-A payment notice, if a disciplinary surcharge has been imposed

2. Removal from position, downgrading, leave of absence, dismissal from office, and the like

-Appeals review request form (including the applicant's signature)
-Personnel order notice (official document)
-Statement of reasons for the disposition
-Other supporting materials

3. Other adverse dispositions or omissions, such as a transfer or warning for which there is no statement of reasons

-Appeals review request form (including the applicant's signature)
-Materials that can prove the relevant disposition or omission (official documents, and the like)
-Other supporting materials

An appeals review request form can be submitted in various ways. The methods are as follows.

▶Online Submission
-Use the "Online Request" menu on the government civil-affairs portal or the website of the Appeals Review Committee of the Ministry of National Defense

▶Offline Submission
-Can be submitted to the Appeals Review Committee of the Ministry of National Defense by one of the following methods
-Email: sochung@korea.kr
(if the file size exceeds 10MB, compress it in parts and send it in several separate transmissions)
-Submission by mail or in person

Let us look at how to respond to an appeals review on your own.

▶Matters to Check First
-Whether the current disposition has been clearly issued in writing
Secure copies of administrative documents such as the disposition statement and the disciplinary resolution

▶Organizing the Facts
-Organize, in a journal format, how your conduct came about and the circumstances at the time
-Secure third-party testimony or objective materials (work records, recordings, and the like)

▶Drafting the Appeal
-In stating your assertions, a fact-centered narrative is more important than citing legal provisions
-Rather than appealing to emotion, approach the matter centering on "procedural illegality" or "excessive disposition"

▶Submitting Evidence
-Center on objective materials such as official records, work performance reports, and evaluation materials
-Petitions or written statements from colleagues or superiors may be attached

▶Response Strategy
-Rather than unconditionally asserting that the matter is unfair, emphasize the lack of objectivity in the reasons for the disposition or the absence of procedural justification
-Identify the logical structure of the supporting materials by searching for precedents in prior similar cases

If you wish to contest even the decision of the Appeals Review Committee, you may consider filing an administrative litigation.

A revocation lawsuit concerning a disciplinary action must be filed within 90 days from the date you become aware that the disposition was made, or within one year from the date the disciplinary action was issued.

For the procedure to contest a disciplinary action, an administrative litigation may be filed only after the review and decision of the Appeals Review Committee.

Q. More than 30 days have passed since I received the statement of reasons for the disposition. Can I still request an appeals review in this case?

A. Unfortunately, it is difficult.

Under Article 76 of the State Public Officials Act, to raise an objection to a disciplinary action or a disposition of demotion, leave of absence, removal from position, or dismissal from office, an appeal must be requested within 30 days from the date the statement of reasons for the disposition is received, and for other adverse dispositions (for example, transfer or warning), the request must be made within 30 days from the date the person becomes aware that the disposition was made.

This period is not a mere recommended deadline but a legally set "unchangeable period (a peremptory period)."

In short, if 30 days have passed, an appeals review is in principle not possible, and the deadline must be observed without exception.

Q. When a disciplinary action is revoked or mitigated through an appeals review, from when does that effect apply?

A. Generally, the effect arises retroactively from the time the disciplinary action was first issued.

That is, when a disciplinary action is revoked or mitigated through an appeals review, the effect applies retroactively to the date of the original disposition in the past.

For example, if a three-month suspension from duty is revoked, that disciplinary action is regarded as never having existed, and the salary during the suspension period can also be received retroactively.

However, in the case of a claim for performance of an obligation, where the disposition authority must take some new measure (for example, an order of reinstatement), the effect arises from the date the disposition authority actually issues that measure.

If responding to an appeals review on your own is difficult, you should seek the assistance of an attorney.

Article 76 of the State Public Officials Act provides that a public official filing an appeal may appoint an attorney as a representative, so under current law no one other than an attorney may be designated as a representative.

In particular, the assistance of an attorney is especially necessary in the following situations.

At Daeryun Law Firm, attorneys with specialized knowledge of the Military Criminal Act and attorneys specializing in administrative law form a task force response team that provides one-stop support, from diagnosing the case to preparing the appeals review petition and supporting evidence on the client's behalf, preparing for and representing the client at the hearing, and transitioning to administrative litigation if the appeal is dismissed.