Suspension from Duty
Overview
Suspension from duty refers to a state in which a person performing duties based on specific qualifications or appointments—such as public officials, teachers, doctors, or lawyers—is temporarily unable to perform their duties due to reasons such as laws, disciplinary actions, investigations, or trials. This is a provisional measure to protect the fairness, reliability, and public welfare of the duties, and is essentially preventive and preservative in nature, not punitive, aimed at ensuring the appropriateness of duty execution. Suspension from duty is issued based on legal provisions, and during the suspension period, part or all of the remuneration may not be paid or may be restricted.
Main Content
1. Legal Basis for Suspension from Duty
Suspension from duty is based on laws specific to each profession. For example, Article 73-2 of the State Public Officials Act stipulates that the appointing authority may order a suspension from duty when a public official is indicted in a criminal case or is under investigation for disciplinary charges. Similar provisions exist in the Local Public Officials Act. For teachers, under Article 6-2 of the Special Act on the Improvement of Teachers' Status, suspension from duty is possible when a teacher is under investigation for serious reasons such as child abuse. For medical professionals, under Article 65-2 of the Medical Act, license suspension or qualification suspension appears in the form of suspension from duty. Article 90 of the Attorney-at-Law Act allows for the suspension of a lawyer's duties when they are sentenced to imprisonment without labor or a heavier punishment, or when disciplinary proceedings are underway.
2. Types of Suspension from Duty
Suspension from duty is broadly divided into three types. First, statutory automatic suspension from duty occurs when duties are automatically suspended without separate procedures upon the occurrence of reasons stipulated by law. For example, if a public official is sentenced to imprisonment without labor or a heavier punishment and the sentence is finalized, their duties are suspended until they are automatically dismissed. Second, suspension from duty by the appointing authority occurs when the appointing authority exercises discretion to suspend duties, primarily in cases of disciplinary charges or criminal indictment. Third, suspension from duty by court decision occurs when a court issues an arrest warrant or orders a suspension of duties for a defendant or suspect; for example, this applies to the suspension of duties for an elected official in election law violation cases.
3. Effects of Suspension from Duty
When a suspension from duty is issued, the individual cannot perform any duties at all, and all authority related to duties, decision-making, and external activities are prohibited. Generally, remuneration is not paid in full or in part. According to Article 73-3 of the State Public Officials Act, only half of the remuneration is paid during the suspension period, and if a not-guilty verdict is rendered or disciplinary dismissal occurs, the difference may be paid retroactively. Additionally, the suspension period is often not counted toward the length of service, which may cause disadvantages in promotions or salary steps. However, since suspension from duty is not a disciplinary action, the individual's status itself is maintained, and once the reason for suspension is resolved, they return to their original duties.
4. Procedure for Suspension from Duty
Suspension from duty is generally issued by the appointing authority or the head of the affiliated agency after prior notification and a hearing process. In urgent cases, post-notification is possible, but formal procedures must be followed afterward. The suspension period is often limited by law; for example, under the State Public Officials Act, suspension from duty is within three months and may be extended if necessary, but cannot exceed a total of six months. If dissatisfied with the suspension, one may file an administrative appeal or administrative lawsuit.
5. Comparison with Similar Systems
Suspension from duty is similar to suspension from office (停職) but has differences. Suspension from office is a type of disciplinary action, where duties cannot be performed for a certain period and all remuneration is reduced. In contrast, suspension from duty is a provisional measure, not a disciplinary action, and the individual returns once the reason for suspension is resolved, with partial remuneration possible. Additionally, removal from position is a system where the appointing authority deprives a public official of their position when there are reasons making it difficult to perform duties, and it is a broader concept than suspension from duty. Removal from position is sometimes understood as a higher concept that includes suspension from duty.
Recent Trends
As of 2024–2025, the suspension from duty system is undergoing changes and controversies in various fields. First, regarding teacher suspension from duty, the number of teacher suspensions has surged due to an increase in child abuse reports. According to 2024 Ministry of Education statistics, the number of teacher suspensions increased by over 30% compared to the previous year, leading teachers' organizations to demand system improvements, arguing that indiscriminate suspensions are shrinking the educational field. In March 2025, an amendment to the Teachers' Status Act was proposed, including strengthening the requirements for suspension from duty when child abuse is reported and shortening the suspension period. Second, regarding public official suspension from duty, in December 2024, the Supreme Court issued a notable ruling that if a public official receives a not-guilty verdict, the full remuneration for the suspension period must be paid retroactively. This is considered an important precedent that changes the previous practice of paying only half. Third, medical professional suspension from duty has become stricter in terms of criteria for suspension as part of strengthening license management following the 2024 doctors' collective action. In January 2025, the Ministry of Health and Welfare amended the Enforcement Decree of the Medical Act to expand the reasons for ordering work suspension and allow the suspension period to be extended up to one year. Fourth, regarding election-related suspension from duty, cases of suspension due to election law violations by elected officials increased during the 2024 general election and the 2025 by-elections, sparking active discussions in political circles about system improvements. In particular, following criticism that suspension of an elected official infringes on the representation rights of the constituency, measures to defer suspension until a court decision are being considered.
Related Topics
- [[Suspension from Office]]
- [[Removal from Position]]
- [[Disciplinary Action]]
- [[Public Officials Act]]
- [[Teachers' Status Act]]
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