When a public official, teacher or soldier is caught up in a criminal case

• Investigators notify the head of the official's agency within 10 days of starting and of finishing an investigation into a public official (State Public Officials Act (국가공무원법) Article 83(3)). Prepare on the assumption that your workplace will find out.
• Find out what offense you are suspected of and whether it relates to your duties. The standard for automatic dismissal depends on the offense and its connection to your duties.
• If your agency asks for a written explanation or statement, prepare it so that it does not conflict with what you told investigators before submitting it.
• Gather your certificate of employment, career history and records of commendations for use in written opinions on the outcome.

An actual sentence of imprisonment without labor or heavier (금고 이상의 형), or a suspended sentence of that kind, is a ground for automatic dismissal (당연퇴직) (State Public Officials Act Articles 69 and 33(iii) and (iv)). This means that even a suspended prison sentence, not just an actual one, costs you your post. A suspended sentencing of imprisonment without labor or heavier leads to automatic dismissal only for certain offenses, such as bribery, embezzlement or breach of trust related to duties, and sexual violence.

A fine is in principle not a ground for automatic dismissal, but there are exceptions. If a fine of 3 million won or more becomes final for embezzlement or breach of trust related to duties while in office, or a fine of 1 million won or more for sexual violence or stalking offenses and similar, the official is automatically dismissed (Article 33(vi-2) and (vi-3)). So in cases involving public officials, the amount of a fine alone can change the outcome.

In cases involving public officials, the response must be planned from the start around what sentence the case will end with. Even for the same incident, if it ends with a suspension of indictment or a fine, there is room to keep your status, but if a suspended prison sentence becomes final, you are automatically dismissed.

If indicted in a criminal case, you may be suspended from duty (직위해제), except where a summary order has been requested (Article 73-3(1)(iv)). You may also be suspended while under investigation for serious misconduct such as financial misconduct or sex offenses (same paragraph, (vi)).

Discipline may not wait for the criminal outcome. The law only says disciplinary proceedings may be put on hold while an investigation is under way (Article 83(2)), so each agency decides differently. Even if you are acquitted, disciplinary grounds such as breach of the duty to maintain dignity are judged separately. The limitation period for discipline is 3 years for general grounds, 5 years for money-related grounds and 10 years for sex offenses (Article 83-2).

Before a disciplinary committee, be careful not to say anything different from your statements in the criminal proceedings. If you admit in disciplinary proceedings facts you are disputing in the criminal case, that statement can become unfavourable material at your criminal trial, and the reverse can also happen.

For education officials, in addition to the disqualifications for national public officials, a final fine of 1 million won or more for sexual violence against an adult, or a final sentence for a sex offense against a minor, bars appointment and leads to automatic dismissal for those in office (Educational Officials Act (교육공무원법) Articles 10-4 and 43-2). Private school teachers are also automatically dismissed on the same grounds (Private School Act (사립학교법) Article 57).

Crimes by active-duty soldiers are in principle tried by military courts. However, in peacetime, sexual violence offenses, the underlying offenses in cases where a soldier died, and crimes committed before enlistment are handled by ordinary courts (Military Court Act (군사법원법) Article 2).

At the consultation, we look at the allegation and its connection to your duties and first identify which outcomes would affect your status. At the investigation stage, we attend questioning with you and, in written opinions on the outcome, set out the specific professional consequences and ask that they be taken into account. Jisan Law also writes your statement of explanation for the disciplinary committee so that it is consistent with the criminal record, and handles attendance at the disciplinary committee and an appeal to the appeals commission.