CONTENTS
- 1. Appeal Review | Definition
- 2. Appeal Review | Subjects
- 3. Appeal Review | Filing
- - Documents Required When Filing an Appeal Review
- - How to Submit an Appeal Review Application
- 4. Appeal Review | Processing Procedures
- 5. Appeal Review | Points to Note
- - How to Handle an Appeal Review on Your Own
- 6. Appeal Review | FAQ
- - What If the Period for Filing an Appeal Review Has Passed?
- - Can Probationary Public Officials File an Appeal Review?
- - What If You Want to Contest an Appeal Review Decision?
- - What If You Cannot File an Appeal Review?
- - Must an Appeal Review Representative Be an Attorney?
- 7. Appeal Review | Key Issues
1. Appeal Review | Definition
An appeals review is a procedure for a public official or an employee performing official duties to contest a disciplinary action they have received and have the legality of that action examined once more.
An appeals review is mainly used as an important legal procedure to revoke or mitigate an administrative disposition when it is judged to be unfair or unjust.
2. Appeal Review | Subjects
The subject matter and the filing of an appeals review are reviewed below.
✅ What dispositions are subject to an appeals review?
Disciplinary actions or unfavorable dispositions imposed on a public official, or a failure to act (non-response by the administrative agency), may be subject to an appeals review.
The specific subjects are as follows.
1. Disciplinary action
Disciplinary actions under the public officials acts are as follows.
-Removal, dismissal, demotion, suspension, salary reduction, and reprimand
-Imposition of a disciplinary surcharge
2. Other unfavorable dispositions against one's will
-Demotion in position, leave of absence, removal from position, dismissal, and transfer
-Acts that in effect cause a personnel disadvantage, such as an uncharged warning or a caution
3. Failure to act
-Where a public official has applied to the administrative agency for a specific disposition, such as a request for reinstatement, but the agency does nothing despite being legally obligated to act within a certain period
✅ What dispositions are excluded from an appeals review?
The following matters are not subject to an appeals review, and a request may be rejected even if filed.
1. Dispositions that do not change a public official's status
For example, an order to return money, such as a compensation order
2. General and abstract administrative acts, such as a request to amend a statute
3. Intermediate acts within an administrative agency's internal decision-making procedure
4. Acts with no legal effect, such as mediation, recommendation, or expression of opinion
3. Appeal Review | Filing
The following explains the methods for filing an appeal review.
1. Period for Filing
-Where a written statement of the grounds for disposition, such as a disciplinary action or a disciplinary surcharge, is delivered: file within 30 days from the date of receiving the statement
2. For disadvantageous dispositions such as transfer or warning (where no statement is delivered): file within 30 days from the date of becoming aware of the fact that the disposition was made
3, Precautions when filing by mail: the "arrival principle" applies, and the filing must arrive within the deadline to be valid
If the 30 days are exceeded, the filing may be rejected, so the deadline must be strictly observed.
Documents Required When Filing an Appeal Review
The documents to prepare differ by type of disposition, so please refer to the table below in preparing them.
Type of Disposition | Documents to Submit |
Disciplinary action/disciplinary surcharge | ① Petition for appeal review (including signature) |
Suspension from position, demotion, leave of absence, or removal (where a statement of grounds for disposition has been served) | ① Petition for appeal review (including signature) |
Transfer, warning, and the like / omission (where there is no statement) | ① Petition for appeal review (including signature) |
How to Submit an Appeal Review Application
You may submit your application to the Appeals Commission for Public Officials or a local appeals commission by selecting one of the following methods.
-Online submission: Use the ‘online filing’ menu on the commission's website
-Email: sochung@korea.kr
※ Attachments are limited to 10MB, and if exceeded, they should be compressed in parts and submitted in two or three separate batches
-Postal submission: Send by registered mail from a post office (it must arrive within the deadline)
-In-person submission: Weekdays 09:00 to 18:00
-Fax submission: Possible, but a confirmation call is needed to prevent transmission errors
4. Appeal Review | Processing Procedures
Let us review the procedure for handling an appeal to the Appeals Commission.
When an appeal is filed, after receipt it proceeds through the stages of notice of receipt of the appeal petition, a request for submission of a written reply, and receipt and review of the written reply.
2. Receipt and preliminary examination (review of requirements)
3. Submission of the written reply
4. Examination on the merits (fact-finding, preparation of an investigation report, etc.)
5. Preparation and notification of the written decision
-Dismissal: the disposition is judged to be lawful
-Rejection: the requirements for the petition are not met
5. Appeal Review | Points to Note
The following are points to be careful of when proceeding with an appeals review.
1. Strict observance of the filing period
The 30-day filing period is applied very strictly, given the nature of administrative remedy procedures.
As far as possible, you should decide whether to file an appeal immediately upon being notified of a disciplinary action.
2. Securing specific supporting evidence
In an appeals review, documents, emails, recordings, witness statements, and similar materials that can prove the illegality or excessiveness of the grounds for discipline play an important role.
A mere assertion of unfairness is unlikely to be upheld.
3. Possibility of asserting procedural illegality of the disposition
An appeal may also be upheld where there are procedural violations during the disciplinary process, such as in the composition of the disciplinary committee, the service of the disciplinary resolution, or the provision of an opportunity to explain.
4. Use of the opportunity to make statements and appear
If an oral hearing is scheduled before the committee, the claimant should appear and state their position.
A logical and legal explanation is more important than a superficial statement.
5. Professional drafting of written submissions
The application, statement of opinion, supplementary briefs, and similar documents should be drafted systematically on the basis of legal reasoning, and each word can affect the decision.
How to Handle an Appeal Review on Your Own
An appeal review is a quasi-judicial procedure that contests the legality of an administrative disposition, with simpler procedures than administrative litigation contested in court.
If you intend to respond on your own without appointing a professional representative, please note the following points.
1. Familiarize Yourself With the Petition Form
-Refer to the petition form posted on the website of the Public Officials Appeals Commission or a local appeals commission and complete all required entries without omission.
2. Organize the Legal Issues
-Cases where the legal basis for the disposition is unclear
-Cases where the facts are incorrectly stated
-Cases where the level of disciplinary action is excessive
It is advisable to organize your arguments around these issues and to cite specific provisions and precedents.
3. Organize Supporting Materials
-Personnel record card
-Audit report
-Disciplinary deliberation resolution
-Work logs, emails, etc.
It is effective to organize the supporting evidence in connection with the issues and submit it.
4. Review Past Similar Cases
-You can use the appeal review decisions disclosed by the commission to understand in advance the criteria applied in similar cases.
5. Use Courteous and Logical Expression
-Conveying your position based on facts and logic, rather than an emotional appeal, can lead to a more persuasive review.
6. Appeal Review | FAQ
The following reviews frequently asked questions about appeal reviews.
What If the Period for Filing an Appeal Review Has Passed?
If the period for filing a request for an appeals review has passed, can a request still be filed?
An appeals review can become subject to examination only if it is filed within a certain statutory period.
Under Article 76 of the State Public Officials Act, if a public official wishes to contest a disciplinary action or a disposition such as demotion, suspension from office, removal from position, or dismissal, they must file the appeal within 30 days from the date of receiving the statement of the grounds for the disposition.
In addition, for an adverse disposition for which a statement of the grounds for the disposition is not separately delivered, such as a transfer or a warning, the request must be filed within 30 days from the date on which the person became aware that the disposition had been made.
The point to note here is that this filing period is not merely a recommended period but a “peremptory period” that must be observed.
Therefore, if an appeals review is requested after this deadline has passed, the committee will issue a decision of rejection without examining the merits.
That is, the procedure itself is not established, and no examination or judgment is made.
Therefore, when a person has received a disciplinary or adverse disposition, it is important to organize the facts as promptly as possible, prepare the necessary documents, and file the appeals review.
Can Probationary Public Officials File an Appeal Review?
A probationary public official, like a regular public official, may file a request for an appeals review.
Although a probationary public official is in a position of having their suitability as a public official examined for a certain period after appointment, they may still be subject to unfavorable dispositions such as disciplinary action, dismissal ex officio, demotion, or leave of absence during that period, and current statutes do not restrict a probationary public official from filing a request for an appeals review.
That is, even where a probationary public official receives a disciplinary action on the ground of having committed misconduct during the probationary period, or receives a disposition such as dismissal ex officio on the ground of insufficient suitability, the official may raise an objection through an appeals review if the disposition is judged to be unlawful or improper.
In the end, because a probationary public official also holds the status of a 'public official,' the right to file a request for an appeals review is recognized, and through it, the official can protect their rights.
What If You Want to Contest an Appeal Review Decision?
A public official who objects to a decision of the Appeals Review Committee may file an administrative litigation within 90 days from the date of receiving the written decision.
Jurisdiction generally lies with the competent administrative court, and where there is no administrative court in the relevant area, the collegiate panel of the competent district court is responsible.
In other words, if you are not satisfied with the result of the appeals review, you may raise an objection by filing an administrative litigation with the court.
By contrast, the disposition authority (that is, the body that imposed the discipline) has no separate means of objecting to the appeal decision.
As an exception, however, where discipline was carried out at the request of the Board of Audit and Inspection for dismissal and an appeals review was conducted on that matter, the Board of Audit and Inspection has a limited authority to request a retrial within one month from the date of receiving the written decision.
Even in this case, the Board of Audit and Inspection must request the retrial through the head of the body where the Appeals Review Committee is established, so it differs from the general objection procedure.
What If You Cannot File an Appeal Review?
Some public officials are excluded from the scope of appeals review under the State Public Officials Act and therefore cannot file an appeal.
For example, public officials in special career service positions (political service, extraordinary civil service, contract-based positions, and the like) do not fall within the scope of an appeal, and in this case they may seek a remedy through an administrative appeal under the Administrative Appeals Act.
There is also a point to note, however.
Under Article 3, paragraph 2 of the Administrative Appeals Act, an administrative appeal may not be filed against a disposition or omission of the President.
Accordingly, in such cases an administrative litigation must be filed directly in order to obtain a remedy.
Must an Appeal Review Representative Be an Attorney?
When a public official pursues an appeal to the Appeals Commission, a representative may be appointed, but under the current State Public Officials Act, only an ‘attorney’ may serve as the appeal representative.
That is, a layperson, a fellow public official, or an acquaintance cannot have the qualification of a legal representative in the appeal process.
7. Appeal Review | Key Issues
An appeals review is not a simple civil complaint but a quasi-judicial procedure that contests the legality and appropriateness of a disposition such as discipline.
Because the facts and the interpretation of statutes are intertwined, a feature of the procedure is that obtaining a remedy can be difficult without meticulous preparation in accordance with the procedure.
In particular, where the matter involves a heavy disciplinary action or is complex, it is advisable to obtain the assistance of a law firm with practical experience and expertise in appeals reviews rather than responding on one's own.
This firm has administrative law attorneys with a deep understanding of and extensive practical experience in the overall legal procedures for appeals reviews.
Where necessary depending on the nature of the case, the firm collaborates with evidence examination specialists to secure key evidence and, on that basis, supports efforts to obtain a substantive remedy in the appeals review.
The firm also provides a comprehensive response, including subsequent procedures such as administrative litigation, where there is an objection to the result of the appeals review.
If you are experiencing difficulties due to an unfair disciplinary action or adverse disposition, please entrust your case through a legal consultation reservation.
