Subjects and Requesting Guidance

Subjects of Appeals Review

• According to the State Public Officials Act, disciplinary actions and other unfavorable disposition or omission contrary to intention are subject to an appeals review. The decision on what is specifically subject to review is determined based on the nature and content of each individual case.
  
  - Disciplinary actions: Disciplinary actions refer to restrictions put in place by central or local governments against violation of duties by public officials in accordance with their special powers for the purpose of maintaining the order of special power relationships under the public law.
  (removal, dismissal, demotion, suspension, reduction of salary, reprimands
    (including additional disciplinary charges))
  - The State Public Officials Act clearly stipulates that omission is subject to an appeals review and unlike under the Administrative Litigation Act, which only provides for suits seeking confirmation of illegality of an omission, accepts claims that request a discharge of obligation against illegal and unjust omissions.
  (Unfavorable disposition against will: demotion, leave of absence, release, removal, transference,
    (dismissal) admonition, (unwritten) warnings, etc. )
  - Omission: reinstatement request etc. (a situation in which an administrative agency fails to make a certain disposition
    with respect to any application made by the party concerned, despite its legal obligation to do so within a reasonable period)

Not Subject to Appeals Review

• - Disposition that does not change the status of a public official (ex. order of indemnity)
  - General or abstract administrative statutory revision
  - Conduct in the internal decision-making stage of an administrative agency
  - Conduct of an administrative agency such as arbitration, recommendation, or expression of views that do not have
    any legal force

Period for Filing a Request for Appeals Review

• For disciplinary dispositions and additional disciplinary charges, position cancellation, demotion, leave of absence, disposition for dismissal etc., for which an explanatory note on grounds for disposition is issued, a request for an appeals review must be filed within 30 days from the date that the explanatory note on grounds for disposition is received.
  
  For unfavorable dispositions (transfer, admonition, warnings, etc.) for which an explanatory note on grounds for disposition is not issued, a request for an appeals review must be filed within 30 days from the date that the disposition is made.

Parties to Review

• - Appellant: Party which has requested an appeals review for an unfavorable disposition or omission based on personal status such as disciplinary actions. In determining eligibility, it is necessary to verify whether benefits exist under the Act to request a confirmation of the validity of the disposition and the discharge of obligations, and check whether there are benefits arising from consultation in addition to benefits under the Act for revocation suits. - Appellee:Party on the opposite end of the appeals review as requested by the appellant of the appeals case, which can be either the head of the institution or the administrative agency (the Minister of the relevant ministry if the disposition or omission was enforced by the President, Article 16-2 of the Act) that imposed disciplinary actions on affiliated public officials or other unfavorable dispositions contrary to their intention. When a power of attorney is granted, the entrusted party becomes the appellee within the scope of the power of attorney. - Relevant Parties: - Agent of Appellant: The appellant may select an agent to act on behalf of the appellant in the concerned appeals case. In this context, an agent is given the power of representation by the appellant to perform duties relevant to the review under his or her decision-making and name. The effects of such actions are binding directly on the appellant and the appellant may appoint an attorney as an agent (Article 76-1 of the Act). In this case, the agent statement must be submitted to the appeals review committee (Article 4-2 of the regulation). Even when the appellant appoints an attorney as his or her agent, the appellant may still choose to be present at review meetings (Article 12-2 of the Guidelines for Handling Appeals Cases; hereinafter ‘the Guidelines’).
  - Agent of Appellee: The appellee may select or appoint a relevant public official or an attorney as an agent to respond to the appeal (Article 4-1 of the regulation) in which case the agent statement or power of attorney must be submitted to the concerned appeals review committee before the deadline prior to the appeals meeting (Article 4-2 of the regulation). Because the agent of the appellee must provide answers in a just and responsible manner at the appeals meeting, the agent shall be of a status (higher than Inspector for police officials) higher than the appellant (Article 12-3 of the Guidelines)