I have a question about public official disciplinary administrative lawsuit.

I will answer regarding the public official disciplinary administrative lawsuit.

A public official disciplinary administrative lawsuit is a lawsuit filed in court by appealing against a public official's disciplinary disposition.

If a public official is dissatisfied with the appeal decision of the appeal review committee, they can file an administrative lawsuit within 90 days from the date of receiving the original copy of the decision.

In this lawsuit, the illegality of the disciplinary disposition such as the absence of disciplinary grounds or procedural defects can be disputed.

The appeal procedure for public official discipline can be largely divided into the appeal review against the decision of the disciplinary committee and the subsequent stage of administrative lawsuit.

A public official who has received a disciplinary disposition may file an appeal with the appeal review committee, and if dissatisfied with the result of the appeal, they may file an administrative lawsuit.

In the administrative lawsuit, whether the disciplinary disposition was based on the facts, whether the level of discipline (severity) constitutes deviation/abuse of discretion, and whether procedural justice was guaranteed, etc. become the main issues.

For example, if an excessively heavy disciplinary action was imposed for the same misconduct fact, or if there were procedural defects in the disciplinary committee, it may become grounds for cancellation.

However, considering the seriousness of the disciplinary matter and the special nature of the public official's duties, courts tend to broadly recognize the institution's discretion, so it is difficult to win simply on the grounds that "the discipline is heavy."

Therefore, the process of reviewing case records, analyzing similar precedents, and organizing legal arguments for defense is necessary, and at this stage, receiving the assistance of an attorney with extensive experience in administrative lawsuits is practically advantageous.

Daeryun Law Firm has administrative specialist attorneys who have experienced numerous administrative adjudications and lawsuits providing legal help for the cancellation of discipline by helping with systematic proof of facts, claims of illegality/unreasonableness, and presentation of mitigating sentencing factors throughout the entire process from the appeal review stage to the administrative lawsuit.