Constitutional Court Rules "Disciplinary Public Officials' 'Salary Reduction and Promotion Restriction' Under Public Officials Act Constitutional"

HCR "Immediate Promotion After Disciplinary Action Undermines Personnel System Principles and Disrupts Discipline"

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[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the provision in the National Public Service Act, which restricts promotion, salary increase, and long-term service allowance for a certain period when a public official receives a disciplinary penalty of salary reduction, does not violate the Constitution.

On the 10th, the Constitutional Court announced that it unanimously dismissed a constitutional complaint claiming that Article 80, Paragraph 6 of the National Public Service Act infringes on the constitutional guarantees of public officials' job security and equality rights.

Mr. A, a public official working in the administrative office of a national university in a province, received a disciplinary penalty of salary reduction for one month. In addition to the salary cut, he was restricted from promotion appointment, salary increase, and payment of long-term service allowance according to related laws. Mr. A filed a constitutional complaint arguing that the restriction regulations following the disciplinary action violated the job security of public officials.

Article 80, Paragraph 6 of the National Public Service Act stipulates that a public official who has received a disciplinary penalty cannot be promoted or receive a salary increase for a certain period from the date of the penalty or the completion of its execution. When a salary reduction is decided, promotion and salary increase are prohibited for 12 months according to the Presidential Decree such as the Public Officials Appointment Decree.

The Constitutional Court judged, "If a public official is promoted immediately after receiving a disciplinary penalty, the principle of meritocracy in the public official personnel system may be undermined, or the internal discipline of the public official organization may be shaken, which could lower public trust in the national functions performed by public officials."