One Law Partners, LLC successfully represented an administrative authority in litigation brought by the chairperson of a public institution seeking revocation of a suspension from office.

This case focused on the legality of the suspension of a public institution executive, the scope of personnel management authority, and the procedural and substantive validity of the measure.

1. Case Overview
The chairperson of a public institution was suspended from office due to various acts of misconduct.

The chairperson subsequently filed a lawsuit seeking revocation of the suspension, alleging defects in the form of the suspension notice, the legal basis for the measure, and the board resolution process.

In particular, the plaintiff argued that the suspension was procedurally unlawful and that the grounds for suspension had not been sufficiently established.

2. Key Issues
The principal issues in this case were:

· Whether procedural defects existed in the process leading to the suspension from office
· Whether the suspension was substantively justified
· Whether the board’s deliberation and resolution procedures were conducted lawfully

3. Legal Strategy
Attorneys In-sun Ko and Yeon-joo Song of One Law Partners, LLC advanced the following arguments.

· Demonstrating Procedural Legality Through Applicable Regulations
The attorneys demonstrated that the suspension from office was imposed in accordance with the institution’s personnel regulations and implementing rules.

They further explained, through documentary evidence, that the board’s deliberation and resolution process, as well as the approval procedure for the suspension, were properly conducted in compliance with the applicable regulations, and actively refuted the plaintiff’s allegations of procedural defects.

· Establishing Substantive Justification Based on Serious Grounds for Discipline
The attorneys presented objective evidence, including criminal complaints, opposition from the local community, and damage to public confidence in the institution’s operations.

Based on these circumstances, they argued that the misconduct made it difficult to expect the plaintiff to continue performing official duties in a normal manner and had seriously undermined the level of public trust required of a chairperson of a public institution.

They further contended that the suspension was necessary to ensure the stability and public integrity of the institution and was consistent with the principle of proportionality.

4. Significance of the Case

The court accepted the arguments presented by One Law Partners, LLC and dismissed the chairperson’s claim seeking revocation of the suspension from office.

The court held that the suspension had been imposed in accordance with the institution’s personnel regulations and internal rules and that no procedural illegality existed in the convening, deliberation, or resolution process of the board.

The court further found that, in light of the nature and severity of the misconduct, it could not be concluded that the institution abused or exceeded its discretion in determining that normal performance of duties could no longer be expected.

This case confirms that when a suspension from office imposed on an executive of a public institution is based on objective grounds and carried out through lawful procedures, its legitimacy may be widely recognized.

The decision is particularly significant because it reaffirms that the personnel management authority and organizational autonomy of public institutions should be respected and that the legality of a suspension from office should be assessed comprehensively by considering compliance with applicable regulations, the seriousness of the misconduct, and its impact on the institution’s operations.

The case also provides important guidance for future disputes involving disciplinary measures against executives of public institutions, suspensions from office, the exercise of personnel authority, and allegations of abuse or excess of discretion.

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Attorney In-sun Ko | isgo@onelawpartners.com
Attorney Yeon-joo Song | yjsong@onelawpartners.com
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Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com