Police Arrest Drunk Person for 'Abusive Language and Assault'... Court Rules "Not Subject to Disciplinary Action"

[Asia Economy Reporter Seongpil Cho] A court has ruled that the disciplinary recommendation issued by the National Human Rights Commission of Korea (NHRCK) against a police officer who arrested a drunken person using abusive language and violence was unlawful.

According to the legal community on the 24th, the Seoul Administrative Court, Administrative Division 7 (Presiding Judge Kim Gukhyeon) ruled in favor of police officer A in a lawsuit seeking the cancellation of the disciplinary recommendation issued by the NHRCK.

The court stated, "At the time of the incident, B, who was intoxicated, refused police assistance and engaged in escalating physical resistance and verbal disputes," adding, "Based on the situation, the police could reasonably determine that the conditions for arrest were met."

Furthermore, the court explained, "In a dispute where the sequence of events between A and B is unclear, it is questionable whether the police officer should be disciplined for human rights violations and whether the intoxicated person can be definitively regarded as a victim of human rights infringement."

In June 2019, officer A responded to a report of a drunken person sleeping in an apartment's above-ground parking lot. At the scene, B repeatedly used abusive language toward A and other responding officers and exhibited actions that could be considered assault, such as continuously reaching out physically.

Eventually, a conflict arose between A and B, and the police arrested B on the spot for obstructing official duties. Later, B was not prosecuted in February of last year due to insufficient evidence and filed a complaint with the NHRCK, alleging that the police violated his human rights.

After investigation, the NHRCK recommended disciplinary action against the responding officers, including A, in March of last year, stating that "human rights violations were recognized due to an unlawful arrest that did not meet the conditions for arrest." Officer A filed a lawsuit in July of last year, contesting this decision.

This content was produced with the assistance of AI translation services.