Paju-si Objects to Administrative Fine for Nonattendance and Refusal to Testify in Administrative Investigation

On the 17th, the special committee on administrative affairs investigation regarding the selection and business promotion of waste disposal companies in Paju City (hereinafter referred to as the Investigation Special Committee, chaired by Son Seong-ik of the Democratic Party) had the agenda item "Request for Imposition of Fines on Witnesses for Non-Attendance and Refusal to Testify in Administrative Affairs Investigation" approved at the 2nd plenary session of the 253rd Paju City Council extraordinary meeting.

An administrative investigation witness summons sent under the name of the Chairman of Paju City Council, without a name or official seal. Provided by Paju City

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The Investigation Special Committee stated, “We requested the attendance of relevant public officials as witnesses, but they refused to attend on the grounds that the summons was not individually delivered,” and added, “Despite requesting attendance through a resolution of the special committee in the same manner as previous administrative audits, the refusal to attend is considered a violation of the obligation to cooperate with the administrative affairs investigation,” thus demanding the imposition of fines.

However, the Investigation Special Committee sent the resolution results of the committee’s decision by official letter rather than individually delivering the summons to the witnesses. The attached attendance request form (see attachment) did not include the names of the individuals required to appear as witnesses, nor was the chairman’s official seal affixed, raising concerns that a proper attendance request was not executed.

Paju City informed that matters related to witness attendance must follow the procedures stipulated in Article 5 of the Act on Testimony and Appraisal in the National Assembly pursuant to Article 49, Paragraph 7 of the Local Autonomy Act, and that the delivery of attendance requests must comply with the Civil Procedure Act. Supporting this, Paju City attached a precedent from the Seoul High Court and formally requested the Paju City Council by official letter to individually deliver a proper attendance summons.

Furthermore, during the Investigation Special Committee’s work report process, it was formally requested that a proper attendance summons be individually delivered to witnesses according to the principle of individual delivery, as witnesses bear a legal obligation to attend and testify. However, the chairman of the Investigation Special Committee forcibly removed the official who made this request from the meeting citing maintenance of order, and did not accept Paju City’s request.

Nevertheless, after receiving Paju City’s request, the Investigation Special Committee issued a second attendance summons on October 24, 2024, specifying the names of the subjects, affixing the chairman’s official seal, and individually delivering it to the witnesses by registered mail. Subsequently, the relevant public officials appeared as witnesses and testified, allowing the investigation to proceed normally.

A Paju City official stated, “The Investigation Special Committee’s acceptance of Paju City’s request and delivery of the second attendance summons clearly acknowledges that the first attendance request was flawed. We do not understand why they suddenly want to impose fines,” and added, “We believe the Investigation Special Committee’s demand for fines is a measure to discipline public officials as an example without admitting their own mistakes.”

Meanwhile, Paju City announced that it has formally requested the Paju City Council by official letter to submit evidence proving that the attendance request was lawful and that there was no justifiable reason for non-attendance, pursuant to Article 26, Paragraph 2 of the Ordinance on Administrative Audit and Investigation of Paju City Council, regarding the fine imposition request forwarded by the council.

Additionally, Paju City stated that it will conduct a thorough review based on the evidence submitted by the Paju City Council and decide on whether to impose fines.

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