How do I respond to severe disciplinary action against a public official?

Hello. I am an administrative law specialist attorney at Daeryun Law Firm.

The matter you inquired about is a case where a criminal case and severe disciplinary action against a public official (dismissal disposition) are being conducted simultaneously, requiring a very careful legal approach.

If a fine sentence has already been pronounced in the criminal trial, strategic measures to respond simultaneously to criminal procedures and disciplinary procedures are required.

First, in the case of criminal cases, even if a fine sentence has been pronounced, there is sufficient room to argue for innocence or reduction through appeal depending on the circumstances of the case and evidence relations.

In particular, sexual crime cases require comprehensive analysis of the credibility of the complainant's statement, the circumstances at the time, message and contact contents between both parties, and the course of the meeting, and if there is material that can prove it was a consensual relationship, the result may differ in the appellate trial.

Daeryun Law Firm's criminal specialist attorneys collaborate with the digital forensics center to precisely analyze electronic evidence such as text messages, KakaoTalk, location records, and CCTV, and based on this, submit appraisal reports proving 'it was a consensual relationship' to fundamentally overturn the basis for criminal judgment.

Meanwhile, although the disciplinary part is conducted separately from the criminal trial, in practice the result of the criminal judgment greatly influences the determination of the disciplinary level.

Therefore, it is most important to proceed with appeal review or administrative litigation against the disciplinary disposition together with the appeal of the criminal case.

If the disciplinary disposition is judged unfair or excessive, an appeal review can be requested within 30 days from the date of disposition notification under the Public Official Disciplinary Order, and if dissatisfied with the appeal review decision, it can lead to a disciplinary cancellation lawsuit under the Administrative Litigation Act.

In appeal review or administrative litigation, the unfairness of the dismissal disposition is argued based on grounds such as factual misunderstanding of disciplinary reasons, procedural defects (failure to provide opportunity for explanation, unfair review), and abuse of discretion in disciplinary determination.

Daeryun Law Firm provides an integrated criminal-administrative response system for public official cases where criminal cases and disciplinary cases are conducted simultaneously.

Criminal specialist attorneys handle the appellate trial defense, and administrative specialist attorneys conduct disciplinary cancellation and reinstatement lawsuits in parallel, managing the overall case.

Additionally, Daeryun utilizes AI-big data judgment analysis systems to compare and review precedents of similar cases, and conducts strategic responses aimed at securing actual reinstatement possibilities based on cases where similar precedents resulted in reduction or cancellation.

In the current situation, preparing the criminal appeal and disciplinary appeal review simultaneously appears to be the most desirable response.

Daeryun Law Firm promises practical assistance aimed at restoring your position and honor, based on extensive experience handling public official disciplinary and criminal cases.

Please request a consultation with our firm right away and quickly secure relevant evidentiary materials (conversation contents, entry records, investigation reports, etc.).