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Even if a public official receives a fine, can they retain their status as a public official?

Recently I came under investigation in a criminal case, and I was told that a fine might be imposed. I thought there would be no major problem, but people around me say that a fine imposed on a public official can also lead to disciplinary action, which makes me anxious. I would like to know whether, if the fine actually becomes final, I can retain my status as a public official, whether I might be removed or dismissed, and also whether a record of the fine will later affect personnel matters or my assignment.

a fine imposed on a public official

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Author: 정찬우

Hello. This is an administrative law attorney at Daeryun Law LLC.

To put the conclusion first, a fine imposed on a public official is, in principle, not a ground that causes the immediate loss of one's status as a public official.

Under Articles 33 and 69 of the State Public Officials Act, the grounds for automatic retirement are limited to cases where a person has been sentenced to imprisonment without labor or a heavier penalty and a certain period has not yet passed, or where a certain period has not elapsed after the end of the suspension period for a sentence of imprisonment without labor or a heavier penalty.

In other words, a fine imposed on a public official generally does not fall within these grounds.

However, exceptions do exist.

Notably, in a case where a fine of 1 million won or more becomes final for a sex crime or a case where a fine of 3 million won or more is imposed for embezzlement, breach of trust, or the like, even a fine imposed on a public official may not allow the person to retain their status, so particular caution is required.

In addition, apart from the loss of status, once a fine becomes final, disciplinary proceedings may be initiated by the agency to which the person belongs.

In this case, depending on the type of offense, its relevance to one's duties, and the potential for social criticism, various dispositions ranging from reprimand and salary reduction to suspension from duty and dismissal are considered.

Therefore, rather than feeling reassured merely because it is a fine, it is important to comprehensively examine which type of offense your own case corresponds to, and after a fine imposed on a public official, what procedures may follow thereafter.

To defend against the disadvantages arising from a fine imposed on a public official, you need a response that considers not merely the severity of the sentence but also the subsequent disciplinary proceedings.

If you need a comprehensive legal response, we invite you to discuss the matter with Daeryun, the ninth-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service).