Court rules pay-cut penalty against civilian defense worker who refused order to 'stay late' was unjust

A court has ruled that a pay-cut disciplinary measure imposed on a civilian defense worker who refused a superior's order — saying it was time to go home — was unjust.

The court found that because the order concerned administrative work rather than a duty-bound military command, the worker could not be disciplined for refusing it.

According to legal sources Saturday, the 12th Administrative Division of the Seoul Administrative Court, presided over by Chief Judge Kang Jae-won, recently ruled in favor of the plaintiff in a lawsuit filed by civilian defense worker A against his unit, seeking cancellation of the disciplinary action.

A had been demoted after refusing a superior's order to investigate and report the purpose of an upcoming meeting and which other units would attend, telling the superior he was leaving because it was quitting time and would pass the task to someone else.

The unit determined that A had violated his obligation under the Military Service Act to obey a superior's official orders. The Ministry of National Defense's civilian employee appeals review committee later reduced the penalty from demotion to a pay cut, but A contested the decision and filed an administrative lawsuit.

The court sided with A. It reasoned that an official order from a superior under the Military Service Act must impose a military obligation, and the order in question had no bearing on any such obligation.

A had also faced a criminal trial on insubordination charges, but that court likewise acquitted him, ruling that the order "concerned administrative work unrelated to the imposition of a military obligation."