Air Force Sergeant with Habitual Profanity, Assault, and Private Orders... Court Rules "Dismissal Justified"

Filed an administrative lawsuit challenging dismissal but lost
Court: "Discipline in the military must be established"

An Air Force sergeant who was dismissed for verbally abusing and assaulting fellow unit members and ordering them to pick him up after a company dinner filed an administrative lawsuit to cancel the dismissal, but it was not accepted.

On the 10th, the Administrative Division 1 of the Chuncheon Branch of the Seoul High Court (Chief Judge Kim Hyeong-jin) announced that it ruled against Sergeant A in the lawsuit to cancel the dismissal filed against the commander of an Air Force combat flight unit, upholding the original ruling. Sergeant A was dismissed by a military disciplinary committee in May 2022 for acts including insulting superiors, assault, fraudulent receipt of allowances, issuing private orders, and disobedience.

Sergeant A insulted his superior in front of junior corporals, assaulted a junior who tried to stop him from badmouthing fellow soldiers, and hurled verbal abuse for reasons such as noisy conversations. He also ordered a junior who was resting at home to pick him up after a drinking party, and while riding in the vehicle, continued to use abusive language. Additionally, he applied for overtime and day-off work allowances but actually watched TV or cooked ramen in the office while collecting the allowances. He was also disciplined for vaping electronic cigarettes hundreds of times in non-smoking areas such as the unit’s restroom and a unit-owned 1-ton truck.

Sergeant A appealed the dismissal, but after the Air Force Appeal Review Committee rejected his appeal, he filed an administrative lawsuit. In court, he argued that "I only expressed my anger somewhat strongly in the moment and did not intend to degrade social evaluation or express contempt," claiming that his words did not constitute insult. He also argued that considering his faithful service so far, the disciplinary action was excessively severe.

However, the court’s judgment was different. The first trial court judged that considering the situation and content of the statements, they constituted insults. It also found that Sergeant A’s misconduct, including assault, insults, and issuing private orders to subordinates over a considerable period, weakened unit cohesion and was not minor. The court held that the public interest in maintaining military discipline through the disciplinary action outweighed the disadvantages Sergeant A would suffer from the dismissal.

The appellate court reached the same conclusion. The appellate court dismissed Sergeant A’s appeal, stating, "Considering the need to establish discipline within the military and to enhance social trust, the dismissal is not excessively harsh." Meanwhile, separate from the disciplinary action, Sergeant A was prosecuted for insulting a superior and received a final sentence of four months imprisonment with a two-year probation, resulting in his dismissal under the Military Personnel Act.

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