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

Procedure type
  • 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. 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. 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. 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. 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. 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

Administrative service fee
  • Basic scope from KRW 500,000
All administrative service fees exclude 10% VAT.

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

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

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?
The attendance notice must reach the official 3 days before the committee meeting (Decree on Disciplinary Actions against Public Officials, Article 10, Paragraph 1). Since preparation time is short once the date is set, start preparing the opinion statement when you receive the copy of the request.
Is there a set form for the opinion statement?
Yes. Annex Form No. 2-2 of the Decree on Disciplinary Actions against Public Officials is the opinion statement form (Article 11, Paragraph 2). You may attach explanations for each charge and an evidence list as separate sheets.
What happens if I do not attend the disciplinary committee?
If you submit a waiver of oral statement, the committee may decide on the documents alone, and if you fail to attend without submitting a statement of justifiable reasons, you are deemed not to wish to attend and the case may be decided on the documents (Decree, Article 10, Paragraphs 3 and 4). If attending is difficult, it is better to submit at least the opinion statement in advance.
By when does the disciplinary committee decide?
It must decide within 30 days from receipt of the request, or 60 days for the Central Disciplinary Committee, and in unavoidable cases may extend by committee resolution within the same period (Decree, Article 9, Paragraph 1).
Can I be disciplined for something that happened long ago?
A disciplinary request cannot be made after 3 years from the date the ground arose for general grounds, 5 years for State Public Officials Act Article 78-2 grounds such as receiving money or entertainment or embezzling public funds, and 10 years for prostitution, sexual violence, sexual harassment and similar grounds (State Public Officials Act, Article 83-2, Paragraph 1).
How do I challenge the disciplinary decision?
You may file a review request with the Appeal Commission within 30 days from the date you receive the statement of reasons for the disposition (State Public Officials Act, Article 76, Paragraph 1). The opinion statement and evidence submitted at the committee stage also become the basic materials for the appeal review.
Can an administrative agent write the opinion statement?
Yes. Hwang Yunsang Administrative Office analyzes the request, organizes the facts for each charge, and prepares the opinion statement, evidence list and witness request. Whether to discipline and the level of discipline are decided by the disciplinary committee.

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.