CONTENTS
- 1. The Client Who Sought a Pyeongtaek Administrative Attorney
- - The Case as Viewed by the Administrative Attorney
- 2. The Teacher's Appeal Review, Explained by a Pyeongtaek Administrative Attorney
- 3. The Client Assistance Undertaken by the Pyeongtaek Administrative Attorney
- - Administrative Attorney: There Were Defects in the Dismissal Procedure in the Client's Case
- - Administrative Attorney: The Disciplinary Measure Against the Client Was Excessive
- 4. The Disposition the Client Received Through the Pyeongtaek Administrative Attorney's Assistance
1. The Client Who Sought a Pyeongtaek Administrative Attorney
The client who sought out a Pyeongtaek administrative attorney was a teacher working at a school, and the client requested the assistance of an administrative attorney, stating that a single incident had resulted in a dismissal disposition.
The Pyeongtaek administrative attorney set out to ascertain the facts of the client's case in order to provide assistance.
The client had submitted purchase approvals as though purchasing school supplies, but did not in fact purchase school supplies and instead purchased items for personal use.
The client continued to purchase items different from those listed in the approvals on several occasions, and this conduct disrupted the accounting order.
When the conduct of the Pyeongtaek administrative attorney's client was discovered, the personnel committee imposed a dismissal disposition and an additional disciplinary charge.
Objecting to this, the client requested the assistance of the Pyeongtaek administrative attorney, asking that at least the dismissal disposition be avoided.
The Case as Viewed by the Administrative Attorney
The administrative attorney set out to ascertain the facts of the case in order to help the client avoid the dismissal disposition.
While the client acknowledged having disrupted the accounting order by purchasing items different from those listed in the approvals and then using them personally, the client stated that there were aspects that felt unfair.
The administrative attorney stated that the disposition had been imposed on the client without reflecting the content of the client's explanation.
The administrative attorney therefore decided to file an appeal review in order to obtain the revocation of the dismissal disposition imposed on the client.
2. The Teacher's Appeal Review, Explained by a Pyeongtaek Administrative Attorney
The Pyeongtaek administrative attorney will explain the appeal review.
An appeal review is a review that public officials, teachers, and others may file when objecting to a disciplinary action, to any other unfavorable disposition contrary to their will, or to an omission.
Disciplinary actions include removal, dismissal, demotion, suspension, salary reduction, and reprimand, while other unfavorable dispositions contrary to one's will include downgrading, leave of absence, suspension from duty, discharge, and reassignment.
The client had received a severe disciplinary action of forced retirement through a dismissal disposition, and in the case of dismissal, the individual cannot be appointed as a public official for three years following the dismissal.
3. The Client Assistance Undertaken by the Pyeongtaek Administrative Attorney
The Pyeongtaek administrative attorney proceeded with the client's teacher's appeal review and provided assistance as follows.
Administrative Attorney: There Were Defects in the Dismissal Procedure in the Client's Case
The administrative attorney's client only learned in the course of this case that an audit disposition had taken place.
The auditor delivered the disposition notice to the client late, and that notice contained no guidance whatsoever regarding the right to reconsideration.
Because the Pyeongtaek administrative litigation attorney's client received no guidance at all regarding the possibility of reconsideration or the relevant procedures, the dismissal disposition procedure in this case may be regarded as defective.
Administrative Attorney: The Disciplinary Measure Against the Client Was Excessive
The administrative attorney's client had purchased items different from those in the approvals because the client was handling the purchase of goods on behalf of another as a task that was not the client's own, and there was no intent to disrupt the accounting order.
Because the amount that the client could not account for through the purchase of personal items was also very small, it may be concluded that the client had no such intent.
Because the degree of misconduct by the administrative attorney's client was minor, the dismissal disposition is an excessive measure that is disproportionate to the offense.
4. The Disposition the Client Received Through the Pyeongtaek Administrative Attorney's Assistance
After hearing the arguments of the Pyeongtaek administrative attorney, the appeals review committee revoked the dismissal disposition imposed on the client and changed it to a demotion disposition.
This reflected acceptance of the Pyeongtaek administrative attorney's argument that, in light of the amount involved, depriving the client of professional status was excessively severe.
When a teacher or public official receives a disciplinary action, their livelihood may be placed at risk, which is why it is advisable to file an appeal review.
Because filing an appeal review requires considerable time and effort to prepare the necessary documents and to prepare for the review, the assistance of an administrative attorney can be regarded as essential.
At the 🔗Pyeongtaek law firm Daeryun, where administrative attorneys are available, we provide assistance in recovering clients' legitimate rights from unjust and unfair dispositions.
If, like the client in this case, you need assistance with an appeal review, please reach out to a Pyeongtaek administrative attorney.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
