Police Ignoring Assault at Drinking Party Lose Second Trial in Disciplinary Cancellation Lawsuit

A police officer who did not intervene when a companion was assaulted at a drinking party filed an administrative lawsuit claiming that the one-month suspension was unfair, but lost again in the appellate court.

The Administrative Division 1 of the Gwangju High Court (Chief Judge Kim Seong-ju) on the 20th dismissed the appeal of Sergeant A in the appeal trial against the Gwangju Police Chief's decision to suspend him for one month, upholding the first trial's ruling.

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Sergeant A, who was the head of the violent crimes team at the Gwangju Dongbu Police Station, did not actively intervene when a female companion was assaulted by one of the group members around 8:16 p.m. on October 12, 2021, at a pub in Dong-gu, Gwangju Metropolitan City.

According to the closed-circuit television (CCTV) footage inside the pub, the female victim was assaulted three times.

The Gwangju Police Agency decided to suspend Sergeant A for one month due to violation of the duty to maintain dignity.

In response, Sergeant A claimed that he tried to help inside the pub but the victim refused physical contact, and that he actively intervened against the assailant outside the pub.

He also argued that he left the scene fearing that his neutrality as a police officer might be compromised upon seeing the patrol car arrive, asserting that there was a factual error and that the disciplinary measure was too harsh, thus filing a lawsuit.

However, the first trial court judged, "According to the CCTV, during the first assault, two other companions tried to restrain and stop the assailant, but Sergeant A only watched," and "Although it was a private gathering, Sergeant A, as the head of the violent crimes team in the criminal division, neither managed the incident nor helped the victim, and the degree of violation is serious."

The second trial court also stated, "The original judgment is appropriate. The appeal of Sergeant A is dismissed."

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