Court Rules "Military Discharge Notification by Phone Without Documents Is 'Invalid'"

[Asia Economy Reporter Seongpil Cho] A court ruling has determined that notifying military discharge solely via phone without documentation is illegal and invalid under the Administrative Procedures Act.

According to the legal community on the 6th, the Seoul Administrative Court Administrative Division 14 (Chief Judge Sanghoon Lee) ruled in favor of the plaintiff in a lawsuit filed by Moon, the spouse of Park, who died while serving as a military officer, against the Minister of National Defense seeking confirmation of the invalidity of the discharge order. The court stated, "When an administrative agency issues a disposition, it must be done in writing, and the effect arises when the document reaches the recipient," adding, "The defendant's discharge order was not notified in writing, making it illegal, and the defect is serious and obvious, thus invalid."

Park was commissioned as a medical officer in April 2015 and while serving, received a medical opinion in June 2017 suspecting vascular dementia. In July of that year, Park was diagnosed with a neuroglioma after a detailed examination at a university hospital, and two months later was granted a service-related injury decision by a military hospital. Park indicated agreement to discharge due to mental and physical disability on a service intention confirmation form, signed it personally, and the Ministry of National Defense ordered the discharge in January of the following year. The discharge order was communicated to the plaintiff Moon via mobile phone.

Park passed away in March 2018. Park's bereaved family applied for a death-in-service review, but the Ministry of National Defense rejected it on the grounds that Park died after discharge due to mental and physical disability and was no longer active duty. Subsequently, Park's father filed a personnel appeal with the Central Military Personnel Appeal Committee of the Ministry of National Defense in June, requesting cancellation of the discharge order, and during the appeal process, the plaintiff was changed to Moon. When the military personnel appeal committee dismissed the case, Moon filed this administrative lawsuit.

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