Court annuls two-month suspension punishment for Defense Counterintelligence Command colonel
Cancellation of disciplinary action over martial law, first court ruling in the case of Colonel Yoo Jae-won Will this ruling overturning military discipline affect other related lawsuits as well?
The Seoul Administrative Court ruled that the disciplinary action against Colonel Yoo Jaewon, the former head of the cyber security office of the Defense Counterintelligence Command, who received a twomonth suspension for being deployed during the December 3 martial law, should be revoked. This ruling is the first case in which disciplinary action against military officers related to the December 3 insurrection has been overturned by a court.
The court found it difficult to conclude that Colonel Yoo was deployed with the intent to carry out an unlawful order, and determined that it would be hard to recognize a violation of the duty of good faith as grounds for discipline. It also said that, since he remained on standby with only the minimum number of personnel, there was an aspect of merely responding formally to a superior's order.
There is speculation that this ruling could also affect lawsuits filed by other military personnel who received similar disciplinary actions. Former Navy Chief of Staff Kang Donggil and former Joint Chiefs of Staff Operations Director Lee Seungo are also currently pursuing lawsuits after contesting related disciplinary measures.