‘Honesty 3 months’ period expires on the 13th
“We will continue to fight, such as lawsuits for cancellation of disciplinary action”
Superintendent Ryu Sam-young, who was punished for leading the National Superintendents’ Meeting against the establishment of the police department, holds a press conference on the afternoon of the 6th at the Police Memorial Park in Jung-gu, Seoul on the regular telegram of police superintendents. 2023.2.6. yunhap news
Superintendent Ryu Sam-young, who led the national meeting of police chiefs (superintendents) in opposition to the establishment of the Ministry of Public Administration and Security’s police department, has suspended the effect of severe disciplinary action against him. However, it is evaluated that the effect of this decision to suspend the effect is limited because it came three days before the expiry period of Superintendent Ryu’s disciplinary action (3 months suspension).
The 14th Administrative Division of the Seoul Administrative Court (Chief Song Gak-yeop) accepted Superintendent Ryu’s request for suspension of execution (suspension of effect) against the Commissioner General of the National Police Agency on the 10th, saying, “Please suspend the effect of the 3-month suspension.”
Suspension of effect is a decision to temporarily suspend the effect of an administrative agency’s disposition in preparation for cases in which irreparable damage is caused and rights cannot be remedied even if the main lawsuit is won later.
According to the court’s decision on this day, the suspension from the National Police Agency to Superintendent Liu is suspended until the 30th day from the date of the judgment of the first instance of the appeal filed by Superintendent Liu.
The judge explained, “The damage suffered by (Chief Liu) as a result of the disciplinary action corresponds to tangible and intangible damage in cases where it is extremely difficult for the party concerned to endure.” He added, “There is an urgent need to prevent damage that will be difficult to recover from disciplinary measures, and it is insufficient to admit that there is a risk of having a significant impact on public welfare even if the disciplinary action is suspended.”
In July of last year, Superintendent Ryu opposed the establishment of a police station and led a national meeting of police chiefs, but on December 13 of the same year, he was suspended for 3 months for violating the obligation to obey and maintain dignity under the State Public Officials Act.
In response, Superintendent Ryu filed a disciplinary appeal review with the Personnel Innovation Office and filed an administrative lawsuit with the court seeking cancellation of the disciplinary action. In addition, the Ministry of Personnel Innovation and the court each applied for suspension of execution to the effect of temporarily stopping the effect of the disciplinary action.
Previously, on the 22nd of last month, the Personnel Innovation Office rejected Superintendent Ryu’s request for suspension of execution.
The court’s decision was made on the same day that the interrogation ended, which was unusual. It seems to have taken into account the fact that President Ryu’s suspension period expires at midnight on the 13th.
Superintendent Ryu’s legal representative said at the interrogation that day, “The suspension period expires on the 13th of this month, but we have not set a date for reviewing the appeal for disciplinary action.” In the future, he said he plans to continue to fight in the lawsuit on the merits to cancel the disciplinary action and in the review of the appeals committee.
Superintendent Liu said, “I would like to evaluate the court as citing the application to the effect that there is a possibility that the disciplinary action was wrong, although there is no practical benefit as the suspension period has almost passed,” and “I am grateful for the court’s judgment.”
Reporter Park Sang-yeon
