The defect of disciplinary procedure and the effect of disciplinary action

The disciplinary action against the suspect who is a local public official is subject to cancellation due to the defect in the disciplinary procedure.

Article 72 of the Local Public Officials Act, Articles 4 and 5 of the Local Public Officials Discipline and Appeal Regulations

Attorney Song-chul et al.

Attorney Park Jae-soo, Counsel for the defendant-appellant

Seoul High Court Decision 77Gu608 delivered on February 6, 1979

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

According to Article 72 of the Local Public Officials Act, disciplinary action against a local public official shall be conducted through a resolution of the personnel committee. According to Articles 4 and 5 of the Local Public Officials Disciplinary Action and Appeal Regulations (Ordinance No. 1665), which provide disciplinary action against a local public official in general service, the personnel committee shall give a discipline accused person an opportunity to make a sufficient statement by giving written notice of his/her appearance when he/she does not wish to attend the meeting. If he/she can make a written resolution by document if he/she fails to attend the meeting without just cause after being notified two or more times of his/her appearance, and if his/her whereabouts are unclear, he/she shall make a public announcement in official gazette or daily newspapers. According to the reasoning of the judgment below, the court below determined that the plaintiff, a local public official working in Seongdong-gu Seoul Metropolitan Government, was not detained by an investigative agency due to irregularities as stated in its reasoning, and the court below's decision on disciplinary action against the plaintiff 1 and the defendant's dismissal of the above disciplinary action against the plaintiff 60th day of this case without legitimate notice.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kang Jae-hee (Presiding Justice)