Appeals against administrative dispositions
Writing an Opinion Statement for a Public Official Disciplinary Committee — Preparing After the Attendance Notice
A disciplinary committee must decide within 30 days (60 days for the Central Disciplinary Committee) from receiving the disciplinary request, and the attendance notice only needs to arrive 3 days before the meeting. Because preparation time after notice is short, it is important to organize the facts of each charge and favorable circumstances in the opinion statement on Annex Form No. 2-2 of the Decree on Disciplinary Actions against Public Officials in advance.
Procedure
- Appeal Difficulty High
Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.
1. Check the copy of the disciplinary request and the attendance notice
The person requesting discipline must send a copy of the request to the official concerned at the same time (Decree on Disciplinary Actions against Public Officials, Article 7, Paragraph 7). First check the charges stated in the request, the competent disciplinary committee, and the meeting date in the attendance notice.
2. Organize the facts for each charge
Divide the charges in the request item by item and separate what you admit from what you dispute. A disciplinary request cannot be made once 3 years have passed for general grounds, 5 years for Article 78-2 grounds such as money or entertainment, and 10 years for sexual misconduct grounds from the date the ground arose, so also check when it occurred (State Public Officials Act, Article 83-2).
3. Prepare the opinion statement and evidence
The official may state facts in their favor and submit evidence using the opinion statement on Annex Form No. 2-2 or orally (Decree, Article 11, Paragraph 2). Organize the background, degree of intent or negligence, work circumstances, and mitigating materials such as performance and commendation records in the statement, with supporting documents attached.
4. Consider witness requests, exclusion and challenge
If needed, you may request examination of a witness, and the committee must decide whether to accept it (Article 11, Paragraph 3). A member who is a relative of the official or connected to the case is excluded, and the official may request a challenge if there is a risk of an unfair decision (Article 15).
5. Attend and make a statement, or submit a written statement
Attend the meeting and make a statement based on the opinion statement. If you do not wish to attend, you submit a waiver of oral statement and the case is decided on the documents; if you cannot attend within 50 days from receipt of the request due to overseas stay, detention or similar reasons, you may make a written statement (Article 10, Paragraphs 3 and 5).
Required documents
- Opinion statement (Annex Form No. 2-2 of the Decree on Disciplinary Actions against Public Officials)
- Copy of the disciplinary request and the attendance notice (Annex Form No. 2 of the Decree)
- Statement of circumstances for each charge and a chronological summary
- Copies of work documents, messenger records and approval records supporting the facts
- Performance, commendation and award records
- Confirmation letters from colleagues or related persons (with a copy of the writer's ID)
- Witness examination request or challenge request (if applicable, no statutory form)
Fees
Our office fee starts from the amount shown above and may vary depending on the number of charges and the volume of evidence to organize; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Decree on Disciplinary Actions against Public Officials, Article 7
- Decree on Disciplinary Actions against Public Officials, Article 9
- Decree on Disciplinary Actions against Public Officials, Article 10
- Decree on Disciplinary Actions against Public Officials, Article 11
- Decree on Disciplinary Actions against Public Officials, Article 15
- State Public Officials Act, Article 76
- State Public Officials Act, Article 79
- State Public Officials Act, Article 83-2
Check these first
- The attendance notice only needs to arrive 3 days before the meeting, so preparation time after notice can be very short; start gathering materials from the day you receive the copy of the request.
- Local public officials and educational public officials are subject to their own disciplinary laws, so first check the legal basis and the competent committee stated in the request.
Frequently asked questions
By when must I receive the disciplinary committee attendance notice?
Is there a set form for the opinion statement?
What happens if I do not attend the disciplinary committee?
By when does the disciplinary committee decide?
Can I be disciplined for something that happened long ago?
How do I challenge the disciplinary decision?
Can an administrative agent write the opinion statement?
Contact us
Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.
📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com
This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.
