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I have been charged with a public official's abandonment of duty. How should I respond?

Recently, as an external complaint was raised in relation to work I had been in charge of, I heard that a charge of the crime of abandonment of duty could become an issue. There were circumstances in which the work was delayed, but I do not think I deliberately refused or neglected my duties. Nevertheless, I am anxious because I am told it could even lead to criminal liability. I would like to know in what cases a public official's abandonment of duty is established, what becomes the issue in an actual investigation, and how I should respond in the investigation or disciplinary procedure.

a public official's abandonment of duty

crime of abandonment of duty

Answer to Related Inquiry

Author: 정찬우

Being charged with a public official's abandonment of duty (Article 122 of the Criminal Act) does not immediately mean that punishment is confirmed.

The crime of a public official's abandonment of duty is established not merely at the level of being negligent in one's work, but when a public official consciously abandons or neglects their duties without justifiable grounds.

The court recognizes punishment only where, despite the existence of a specific duty imposed by law, the official intentionally failed to perform it and thereby caused a substantial impairment of a state function.

That is, the key to the response is to argue that, even where there were circumstances of delay in the work, it is difficult to regard it as a public official's abandonment of duty subject to criminal punishment.

Therefore, to clear the charge, a strategic approach proving that it was not "intentional neglect" is most important of all.

First, you should establish "justifiable grounds" by documenting the objective circumstances that could not be resolved by your will alone, such as the excessive workload at the time, the shortage of personnel, and the complexity of handling the complaints.

During the investigation, based on the division-of-duties table and the guidelines, you should logically explain that the decision you made was the best within the scope of administrative discretion.

In particular, breaking free from the investigative agency's framing that you "did not perform your duties," you should emphasize that it was an unavoidable delay for adjusting priorities or reviewing procedures in accordance with the circumstances at the time and thereby actively deny any intent.

Therefore, if you are facing an investigation or an audit for the crime of abandonment of duty, it is advisable first to organize a response direction suited to the matter and then to proceed with the procedure.

We recommend that you protect your valuable public service career by preparing thorough explanatory materials with the assistance of an administrative law attorney.