This case involved an application for a stay of execution in connection with an administrative lawsuit challenging a suspension-from-duty order imposed on the president of a public corporation based on allegations of misconduct.

One Law Partners, LLC represented the defendant and successfully obtained dismissal of the application for a stay of execution.

Key Issues

• Whether the suspension-from-duty order constituted a disciplinary measure and was therefore subject to disciplinary procedural requirements;

• Whether there was sufficient urgency and a risk of irreparable harm warranting a stay of execution of the suspension order.

Legal Strategy

• Demonstrated that a suspension-from-duty order has a legal nature and procedural framework distinct from a disciplinary sanction;

• Established that the applicant failed to demonstrate the urgency or irreparable harm necessary to justify a stay of execution;

• Argued that maintaining the effectiveness of the suspension order was necessary when balancing the public interest against the interests served by suspension of the order.

Result

The court dismissed the application for a stay of execution in its entirety.
The favorable outcome was subsequently upheld on appeal, where the appellate court also dismissed the appeal and maintained the defendant's victory.

As a result, the effectiveness of the personnel action taken by the public institution remained in force, contributing to organizational stability and continuity of administration.
 

Attorney In-sun Go | isgo@onelawpartners.com
Attorney Yeon-ju Song | yjsong@onelawpartners.com
 

Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com