Public Officials Attorney Assistance Case | Revocation of Disposition Through a Disciplinary Appeal

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.

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.

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.

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.

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.

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.