CONTENTS
- 1. The Client Who Sought a Public Officials Attorney
- - The Client Subject to a Public Official Disciplinary Action
- 2. Public Official Disciplinary Appeals Explained by an Attorney
- - What Are the Subject Matter and Procedure of an Appeal Review?
- 3. The Attorney's Areas of Assistance
- - Arguments in the Public Official Appeal Review (1): It Was Not a Solicitation Gift
- - Arguments in the Public Official Appeal Review (2): It Was a Customary Gift
- - Arguments in the Public Official Appeal Review (3): No Illegality
- 4. Result of the Attorney's Assistance: Revocation of Disposition
- - When Assistance May Be Needed at the Public Official Disciplinary Appeal Stage
1. The Client Who Sought a Public Officials Attorney
The client, who sought consultation from a public official attorney, requested assistance with an appeal contesting a disciplinary action that had been wrongfully imposed, and through the attorney's assistance obtained revocation of the disposition.
The Client Subject to a Public Official Disciplinary Action
This is the story of a client who came to a public official attorney.
The client is a public official who, two years ago, upon hearing news of the deteriorating health of a superior in the same department, once gave a small gift voucher.
Recently, when that superior came to receive a disciplinary action for a separate reason, the superior, in retaliation, reported the client's gift voucher as an improper solicitation.
Despite the client actively explaining that there had been no such intention at all, a disciplinary action was imposed.
Accordingly, the client decided to file an appeal contesting the disposition and came to a public official attorney to proceed with legal assistance.
2. Public Official Disciplinary Appeals Explained by an Attorney
The client who sought out the public official attorney wished to obtain revocation of the disciplinary action through an 🔗appeal to the appeals review committee.
An appeal to the appeals review committee is a system under which a public official who objects to a disciplinary action or other unreasonable disposition files an application with the Appeals Review Committee, which reviews its legality and renders a decision.
This is a type of administrative adjudication system intended to provide a remedy against unlawful or unjust adverse dispositions.
Because the appeal to the appeals review committee addresses only the discipline of public officials, it is similar to an appeal in ordinary litigation or a lawsuit under the Labor Standards Act, but it differs in its detailed procedures.
What Are the Subject Matter and Procedure of an Appeal Review?
All general-service national public officials may file an appeal through the Appeals Commission of the Ministry of Personnel Management, but local public officials, military personnel, and others must proceed through the appeals review commission of their respective organization.
The procedure is as follows.
Filed within 30 days from the date of becoming aware of a disposition such as disciplinary action, dismissal, or suspension from duty
2. Confirmation of the respondent's reply
Notification of the appeals review to the agency that issued the disposition and a request for a reply on the relevant matters
3. Review
Review through statements and examination of materials after notification of the review date
4. Decision
A decision such as revocation, modification, or dismissal of the disposition, after which administrative litigation may be available if the decision is contested
3. The Attorney's Areas of Assistance
The public official attorney conducted a detailed investigation into the client's circumstances at the time and then actively presented a defense in order to obtain revocation of the unreasonable disposition.
Arguments in the Public Official Appeal Review (1): It Was Not a Solicitation Gift
The client had no intention of obtaining a favorable performance evaluation from the other party, and there were text records and other materials to prove this.
In addition, people around the client also stated that the client had no attitude of seeking a performance evaluation.
The public official attorney emphasized that there was no solicitation involved in the client's gift.
Arguments in the Public Official Appeal Review (2): It Was a Customary Gift
The client had merely gone along with the mood as a matter of courtesy, since the other team members were giving a gift upon learning of the counterpart's illness.
Records also remained of all the gifts that the other team members had sent to the counterpart.
The public official attorney submitted this as evidence and emphasized that the client's gift had been made within the bounds of ordinary social convention.
Arguments in the Public Official Appeal Review (3): No Illegality
The client was usually well aware of the content and the upper limits of the Improper Solicitation and Graft Act, so the client always kept this in mind when giving gifts.
For that reason, the client's gift contained nothing that violated the Improper Solicitation and Graft Act, and its amount was also small.
After reviewing the client's conduct and the content of the relevant statutes from a legal standpoint, the public official attorney emphasized that there was no illegality.
4. Result of the Attorney's Assistance: Revocation of Disposition
The Appeals Commission, which accepted the public official attorney's arguments, issued a decision revoking the disposition against the client.
When Assistance May Be Needed at the Public Official Disciplinary Appeal Stage
This was the story of a client who received an unjust disciplinary action but, with the help of an attorney for public officials, filed an appeal review and obtained a decision revoking the disciplinary action.
As shown here, for a public official's disciplinary appeal, it is important to assess the legality and appropriateness of the disposition soundly in legal terms.
At Daeryun Law Firm, there are administrative law attorneys who, after closely examining the client's situation, have a deep understanding of the appeal review procedure.
We carefully analyze the legal validity of a public official's disciplinary action and promptly assist with the filing and submission of an appeal review.
If you are facing a similar issue, we hope you may obtain assistance through a 🔗legal consultation appointment.
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.
