Defending Against Severe Discipline of a Public Official | Responding to the Disciplinary Committee to Defend Against Severe Discipline of a Public Official

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.

🔗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

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.

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.

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.

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.