Is reinstatement possible after receiving a public official dismissal disposition?

Hello. This is the administrative law specialist attorney at Daeryun Law Firm.

Public official dismissal is the most severe disciplinary action under the National Public Officials Act, where status is immediately revoked and serious disadvantages such as restrictions on reappointment may occur.

However, just because the criminal judgment has been finalized does not mean that the disciplinary action will necessarily be maintained as is.

Since criminal procedures and disciplinary procedures have separate judgment structures, if there are circumstances showing that the disposition is excessive compared to the circumstances or degree of the misconduct, there is room for contest.

You can file an appeal within 30 days from the date of receipt of the disposition notice, and if you also disagree with the result, you can seek cancellation through an administrative lawsuit.

In this process, misperception of facts, existence of procedural defects, and proportionality and fairness of disciplinary measures become key issues.

In particular, when relatively minor sentences such as fines or suspended sentences are imposed, the validity of the choice of dismissal, along with whether there is reflection, public service career, and damage recovery, are comprehensively considered.

It is good to systematically organize reflection letters, plea letters, public materials, etc. to prepare a strategy to prove the excessiveness of the disciplinary level, and to coordinate so that when criminal procedures proceed in parallel, both procedures do not work unfavorably.

Ultimately, public official dismissal matters require comprehensive review of legal principles and procedures to determine the response direction, and early-stage strategy establishment has an important impact on the result.

If you are concerned about how the current situation will affect your public official status, please prepare materials on the disciplinary progress stage and request a consultation, and we will provide solutions by judging the matter more accurately.