If I receive a disposition of dismissal as a public official, is reinstatement possible?

Hello. This is an attorney specializing in administrative law at Daeryun Law LLC.

Dismissal of a public official is the heaviest disciplinary action under the State Public Officials Act; the official's status is immediately revoked, and serious disadvantages, such as restrictions on reappointment, may arise.

However, the fact that a criminal judgment has become final does not necessarily mean that the disciplinary action is maintained as is.

Because the criminal procedure and the disciplinary procedure have separate structures of judgment, if there are circumstances in which the disposition can be regarded as excessive relative to the circumstances or degree of the misconduct, there is room to contest it.

Within 30 days from the day you receive notice of the disposition, you can request an appeal for review, and if you are dissatisfied with the result as well, you can seek revocation through administrative litigation.

In this process, whether the facts were misapprehended, the existence of procedural defects, and the proportionality and equity of the determination of the disciplinary measure become the key issues.

In particular, where a comparatively minor sentence, such as a fine or a suspended sentence, has been imposed, the reasonableness of choosing dismissal, together with whether there is remorse, the public-service career, and whether the harm has been remedied, is comprehensively considered.

It is advisable to systematically organize a letter of apology, petitions, and records of meritorious service to establish a strategy proving the excessiveness of the level of disciplinary action, and, where a criminal procedure is proceeding in parallel, to coordinate so that the two procedures do not operate unfavorably.

Ultimately, a matter of dismissal of a public official requires that the direction of response be decided after a comprehensive review of the legal principles and procedures, and establishing a strategy at the early stage has an important effect on the result.

If you are concerned about how the current situation will affect your status as a public official, if you prepare materials on the stage of the disciplinary proceedings and then request a consultation, we will assess the matter more accurately
and provide a solution.