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Please tell me how to seek relief from police disciplinary action.
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I am a police officer assigned to a local police substation, in about my tenth year this year. I am facing the risk of a heavy disciplinary action against a public official on the suspicion of having sexually molested a member of the public. It is alleged that, in the course of supporting a female member of the public who was intoxicated and unable to hold herself up, I stroked her chest and thigh. The person who reported this also seems to be her boyfriend, and I am so aggrieved that I am at a loss for words. I need to prepare for the police disciplinary action; Suwon administrative attorney, please tell me how to respond.
heavy disciplinary action against a public official
Suwon administrative attorney
police disciplinary action
Answer to Related Inquiry
Author: 정찬우
Hello. This is a Suwon administrative attorney.
As a police officer who ordinarily serves the public and is responsible for public safety, if you were to face a misunderstanding such as an allegation of sexual molestation, the psychological shock and sense of injustice would be beyond words.
However, because a stricter standard may rather be applied to you as a member of an investigative agency, an accurate and prompt response is essential.
When a police officer comes to be investigated on suspicion of sexual molestation, it can lead not only to criminal punishment but also to a heavy disciplinary action against a public official.
If you undergo the police disciplinary procedure, you should be careful about the following.
(1) Be careful with your initial statement
Because an offhand remark may rather magnify the misunderstanding, you should receive an attorney's assistance from the initial investigation so that your statement is not distorted
(2) Organizing the facts clearly
Accurately organizing the circumstances at the time of the incident, the location, and the people nearby, and preparing them as defense materials
(CCTV footage, messages, and recordings serve as very important grounds for denying the charge)
(3) Responding to the disciplinary procedure simultaneously
Even if you receive a disposition of no charge in the criminal case, the disciplinary procedure proceeds separately
Therefore, you should receive an attorney's assistance with matters such as attending the police disciplinary committee, submitting an explanatory statement, and preparing a written opinion, so that the possibility of mitigation increases
(4) If you contest the disciplinary disposition, filing an administrative lawsuit
If the level of discipline is judged to be unjust, you can attempt to obtain relief for your rights through a lawsuit to revoke the disciplinary disposition or a request for mitigation, and so on
Because the allegation of sexual molestation that you have faced often arises from a mere misunderstanding, a response must be made from the outset.
Rather than agonizing alone in anxiety, we recommend that you entrust the defense against the police disciplinary action to a Suwon administrative attorney at Daeryun Law LLC.
We will stand with you to the end to protect your honor and your rights as a public servant.
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