Appeals against administrative dispositions

Public Official Appeal Review Deadline of 30 Days — How to Count from the Day You Receive the Statement of Reasons

A public official who wishes to contest a disciplinary action, demotion, leave of absence, removal from position or dismissal must request a review by the Appeals Commission within 30 days of receiving the statement of reasons for the disposition. The 30 days are counted from the day after receipt, and if the last day falls on a Saturday or public holiday, the period expires on the following day. National public officials file with the Appeals Commission of the Ministry of Personnel Management, while officials of local governments file with the local appeals commission or education appeals commission of the relevant city or province. An administrative lawsuit over these dispositions may be filed only after the Appeals Commission has reviewed and decided the case.

Procedure

  1. 1. Confirm the receipt date and calculate the deadline

    For disciplinary action, demotion, leave of absence, removal from position and dismissal, the starting point is the day you received the statement of reasons; for other adverse dispositions against your will, it is the day you learned of the disposition. The day of receipt is excluded, the next day counts as day 1, and day 30 is the deadline; if that day is a Saturday or public holiday, the period expires on the following day. If you actually received the statement later than the date written on it, attach materials showing the delayed receipt to the petition.

  2. 2. Identify the competent Appeals Commission

    National public officials belonging to administrative agencies are reviewed by the Appeals Commission of the Ministry of Personnel Management, and officials of the National Assembly, courts, Constitutional Court and election commissions by the appeals commission established in each institution. Officials of local governments file with the local appeals commission or education appeals commission set up in the city or province for each appointing authority. A petition filed with a commission lacking jurisdiction is transferred to the competent commission, and the petitioner is notified.

  3. 3. Obtain the disposition records and organize the issues

    Obtain records such as the disciplinary resolution, the request for disciplinary resolution and the disciplinary committee minutes through an inspection request or an information disclosure request, and compare the stated grounds with the actual facts. Separate the arguments into factual disputes, procedural defects and excessive severity, and gather mitigating materials such as commendations and service history.

  4. 4. Prepare and submit the appeal petition

    The petition states your address, name, resident registration number and telephone number, your agency and position, the respondent, the purpose of the appeal, and the grounds and means of proof. If the petition has defects, the commission requests correction within 7 days of receipt with a set period, and if it is not corrected within that period, the petition is deemed withdrawn. If the deadline is close, submit the petition first and add evidence later together with a supplementary brief.

  5. 5. Hearing date and decision

    The commission decides within 60 days of receiving the petition and may extend this by 30 days by resolution when unavoidable. When notified of the hearing date, you may attend and make statements, or state your opinion in writing if you do not attend. In an appeal against disciplinary action, the commission cannot decide on a heavier penalty than the original one, and the decision is issued as a written decision stating its reasons.

Required documents

  • Appeal review petition (contents under Article 2(1) of the Regulations on Appeal Procedures, no statutory form)
  • Copy of the statement of reasons for disposition or personnel order notice
  • Materials showing the date of receipt of the statement (proof of delayed receipt, if applicable)
  • Copies of the disciplinary resolution and request for disciplinary resolution (for disciplinary action)
  • Disciplinary committee minutes and investigation records (obtained through inspection or information disclosure request)
  • Statements, confirmations and work records supporting the facts
  • Merit records, commendations and performance evaluation materials (when seeking mitigation)
  • Copy of the disciplinary surcharge notice (when also contesting the surcharge)

Fees

Typically in the range of several hundred thousand won in the industry · We will quote after consultation based on the type of disposition (discipline, removal from position, dismissal, etc.), the volume of records, and whether a supplementary brief is needed. Actual costs such as information disclosure fees are separate.

Legal basis and review date

  • State Public Officials Act, Article 9
  • State Public Officials Act, Article 14
  • State Public Officials Act, Article 16
  • State Public Officials Act, Article 75
  • State Public Officials Act, Article 76
  • Regulations on Appeal Procedures, Article 2
  • Regulations on Appeal Procedures, Article 3
  • Regulations on Appeal Procedures, Article 6
  • Regulations on Appeal Procedures, Article 10
  • Local Public Officials Act, Article 13
  • Local Public Officials Act, Article 20-2
  • Local Public Officials Act, Article 67
  • Civil Act, Article 157
  • Civil Act, Article 161
  • Regulations on Holidays of Government Offices, Article 2
  • Certified Administrative Agents Act, Article 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

  • Because the 30-day deadline runs from the day you received the statement, keep registered mail receipt records or electronic document receipt records, and if the deadline is near, file the petition first even if not all evidence has been gathered.
  • For dismissal, discharge and certain ex officio dismissals, filling the position with a successor is restricted for 40 days from the disposition date, and the commission may issue a provisional decision within 5 days of receiving the petition to suspend the successor appointment, so file such appeals as early as possible.

Frequently asked questions

When does the 30-day appeal review period start?
It is counted from the day after you receive the statement of reasons. The first day of a period is not included, so the day of receipt is excluded and day 30, counting the next day as day 1, is the last day. For other adverse dispositions without a statement of reasons, it is 30 days from the day after you learned of the disposition.
If day 30 falls on a Saturday, when is the deadline?
The period expires on the following day, and since Sunday is also a public holiday for government offices, you can file until Monday. This follows Article 161 of the Civil Act, under which a period ending on a Saturday or public holiday expires on the following day. Consecutive holidays push the deadline back further, so confirm the date on a calendar.
If the appeal period has passed, can I go straight to an administrative lawsuit?
No. An administrative lawsuit over disciplinary action and other adverse dispositions against your will may be filed only after review and decision by the Appeals Commission. However, any period during which the petitioner could not file for reasons not attributable to them is not counted in the 30 days, and the commission decides whether such reasons apply.
Is removal from position subject to appeal review?
Yes. Removal from position, like demotion, leave of absence and dismissal, requires a statement of reasons, so you file for appeal review within 30 days of receiving it. Demotion, leave of absence or dismissal at your own request does not require a statement.
Can filing an appeal lead to a heavier penalty?
No. When reviewing an appeal filed by a person subject to disciplinary action or a disciplinary surcharge, the commission cannot decide on a heavier penalty or surcharge than the original. The law also provides that no one may receive adverse treatment for filing a review request.
Can an administrative agent prepare an appeal review petition?
Yes. The appeal review petition is a document submitted to the Appeals Commission, an administrative body, so an administrative agent can prepare it and submit it on your behalf. Hwang Yunsang Administrative Office calculates the filing deadline, reviews the disposition records, prepares the petition and supplementary briefs, organizes supporting evidence and submits them to the commission.

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.