CONTENTS
- 1. A Client Facing the Risk of Heavy Disciplinary Action as a Public Official
- - How the Client Came to Face the Risk of Heavy Disciplinary Action
- - What Heavy Disciplinary Action Against a Public Official Is
- - Identifying the Issues in the Case to Defend Against Heavy Disciplinary Action
- 2. Assistance Provided to Defend Against Heavy Disciplinary Action
- 3. A Successful Defense Against Heavy Disciplinary Action, Concluding the Case With a Salary Reduction
- - If You Face the Risk of Heavy Disciplinary Action as a Public Official
1. A Client Facing the Risk of Heavy Disciplinary Action as a Public Official
The client, who faced the risk of heavy disciplinary action as a public official, urgently requested a consultation with an administrative attorney.
The circumstances of the client's case, as understood by the attorney, are as follows.
How the Client Came to Face the Risk of Heavy Disciplinary Action
A few months earlier, the client had reported a supervisor in the public interest for neglecting their duties and failing to keep regular working hours.
The client withdrew the report soon afterward, but explained that the report later led to an internal audit.
During the audit, it was found that the client had improperly received overtime allowances, and the client was set to face a disciplinary committee.
Even though this was a minor violation, the audit dragged on, and the client could not help but worry about receiving heavy disciplinary action.
Wishing to respond actively to the disciplinary committee with the help of an attorney, the client entrusted the case to an administrative attorney.
What Heavy Disciplinary Action Against a Public Official Is
🔗Heavy disciplinary action against a public official refers to a serious disciplinary measure that may even lead to loss of one's status.
Disciplinary measures are broadly divided into five types: removal, dismissal, suspension, salary reduction, and reprimand. Of these, removal and dismissal, which result in expulsion from public service, qualify as heavy disciplinary action.
Removal, in particular, is a measure that may also bring disadvantages such as a reduction in pension entitlements.
Suspension, by contrast, is a measure under which both the performance of duties and the payment of salary are halted for a certain period, while salary reduction refers to a measure that reduces salary for a certain period.
Finally, a reprimand is a measure that issues a written warning and calls for remorse, and salary reduction and reprimand can be regarded as relatively minor disciplinary measures.
🔗Review a Case Defending Against the Dismissal of a Public Official
Identifying the Issues in the Case to Defend Against Heavy Disciplinary Action
Improper receipt of overtime allowances means recording overtime falsely in order to receive allowances or compensatory leave.
Such conduct may be subject to disciplinary action or criminal punishment under the Labor Standards Act and the internal regulations of public institutions.
While the outcome may vary depending on the amount, the improper receipt of overtime allowances often ends in minor disciplinary measures, such as a salary reduction or a reprimand.
In the client's case, however, the public-interest report created a situation in which the client could receive a more severe punishment than the improper receipt of overtime allowances would warrant.
In fact, because the audit continued for a long time despite the minor nature of the violation, this can be regarded as a case requiring a response to the personnel disciplinary committee and active assistance.
2. Assistance Provided to Defend Against Heavy Disciplinary Action
To defend against the heavy disciplinary action, the administrative attorney established a practical defense strategy so that the client could avoid the risk of heavy disciplinary action, and responded actively to the disciplinary committee.
Forming a Task Force of Specialists, Including an In-House Labor Attorney
After first understanding the client's case through a consultation, the administrative attorney established a response strategy together with attorneys experienced in public-official disciplinary cases.
The attorney also worked with an in-house labor attorney well versed in the disciplinary procedures of public institutions to prepare a practical defense plan aimed at lowering the level of discipline.
Reviewing the Audit Opinion and Preparing a Defense Statement
After closely reviewing the audit opinion, the attorney prepared a defense statement and submitted it to the disciplinary committee.
The statement emphasized that the client acknowledged the improper receipt of overtime allowances and was deeply remorseful, as well as the client's record of diligent service throughout their employment.
Through this, the attorney persuaded the disciplinary committee to take the client's circumstances into account.
3. A Successful Defense Against Heavy Disciplinary Action, Concluding the Case With a Salary Reduction
To defend against the heavy disciplinary action, the attorney personally accompanied the client to the disciplinary committee, represented the client's position, and argued actively so that the level of discipline could be reduced.
Through this, the client avoided heavy disciplinary action such as removal or dismissal and was able to conclude the case with a salary reduction.
If You Face the Risk of Heavy Disciplinary Action as a Public Official
Because disciplinary action against a public official may lead to loss of one's status, an early response is very important.
An administrative attorney with actual experience at public institutions and public enterprises handles disciplinary cases involving public-institution employees and public officials.
The attorney also collaborates with an in-house labor attorney to establish a response strategy in a manner that protects the client's rights and interests and minimizes loss.
If you face the risk of disciplinary action as described above, please feel free to entrust your case through a 🔗legal consultation booking.
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.
