Severe Disciplinary Action against Public Officials

The disciplinary action referred to in a public official's heavy disciplinary action means an administrative sanction imposed by the State or a local government in its position as the employer, in response to a public official's breach of duty, in order to achieve the purpose of the public service relationship.

Because a disciplinary penalty and a criminal penalty differ in the basis of their authority, purpose, content, and object, it is a characteristic that imposing both a disciplinary penalty and a criminal penalty for the same misconduct does not conflict with the principle against double jeopardy.

Suspension from office is a concept distinct from disciplinary action.

Suspension from office is a system that temporarily strips a person of his or her position so that he or she cannot perform the relevant duties, where the person has been criminally indicted or where certain grounds exist that make it difficult to continue performing official duties.

This is not for a punitive purpose like disciplinary action but is a personnel measure intended to ensure the fairness of the performance of official duties and to give the person concerned an opportunity to concentrate on recovering his or her ability or on responding to the trial.

However, where a person is suspended from office, this not only excludes the person from duties but also entails actual disadvantages such as a restriction on salary step advancement and a salary reduction, so it is legally recognized as an 'unfavorable personnel disposition.'

This refers to cases of violating the provisions of the State Public Officials Act and the administrative orders prescribed by law.

▶Duties of public officials under the State Public Officials Act

This refers to a case where a public official fails to perform various statutory and other duties related to their assigned work, or fails to faithfully perform duties that should naturally be performed.

It is established regardless of whether there is intent or negligence on the part of the official, and disciplinary liability may be imposed not only on the actor but also on a supervisor where a specific fact of neglecting the duty of supervision is recognized.

Where an external act by a public official directly affects the damaging of the dignity and prestige of public office and carries blameworthiness under general social norms, it falls under a ground for disciplinary action regardless of whether there is criminal liability.

Where a person who has received a disposition such as a disciplinary action for a breach of duty again breaches the duty, the person may be disciplined again.

A public official who has received a disciplinary action may, where he or she objects to the disposition, file a request for review of the disposition with the Appeals Review Committee within 30 days from the day on which the written statement of the grounds for the disciplinary action and the like was delivered.

An appeals review must be filed with the competent Appeals Review Committee by submitting an appeals review request stating the following matters, attaching one copy thereof and a copy of the written statement of the grounds for the disposition or the personnel order notice.

If a party objects to the result of an appeals review, the party may file an administrative litigation within 90 days from the date of receiving the written decision.

Methods for responding to severe disciplinary action against a public official on one's own are reviewed below.

Because procedural complexity and legal interpretation are required, thorough preparation is necessary.

1. Become familiar with the relevant statutes and precedents on the disciplinary action

Analyze the State Public Officials Act, the disciplinary decree, the code of conduct for public officials, and the like.

2. Try drafting a written explanation on your own

Logically organize the facts, the unfairness of the grounds for disciplinary action, and the intention to improve.

3. Search precedents in similar cases

Refer to judgments in administrative appeals and administrative litigation to find similarities to your own case and cite favorable precedents.

4. Practice filling out the appeals review request form

Based on the form provided on the website of the Appeals Review Committee of the Ministry of Personnel Management, practice writing the content tailored to your own case.

5. Prepare administrative litigation documents

Prepare the complaint, evidentiary materials, statements, and the like in advance, and organize your statements in preparation for the hearing date.

However, where there is a risk that one's career will be interrupted, as with dismissal or removal, or where there may be a serious effect on a future pension or reinstatement, obtaining the assistance of an experienced administrative law attorney is advisable.