Elementary school teacher fired over two DUI offenses loses court challenge

An elementary school teacher dismissed for two drunk-driving offenses lost a lawsuit challenging the punishment as "too harsh." The teacher argued in court that the two offenses were 14 years apart and that the distance driven was only 150 meters, causing no property damage or injuries — but the court was not persuaded.

The Suwon District Court's Administrative Division 1, presided over by Judge Park Seong-gyu, ruled against the teacher, identified only as A, in a lawsuit filed against the Gyeonggi Province education superintendent seeking cancellation of the dismissal. The ruling, issued in late May, also ordered A to bear the litigation costs.

Based on facts established by the court, A, who worked as a teacher at an elementary school in Gyeonggi Province, was removed from office by a disciplinary committee in July 2024. A had previously been punished for drunk driving around April 2010 and was caught again 14 years later. In March 2024, A drove 150 meters along a road with a blood alcohol concentration of 0.221% — nearly three times the 0.08% threshold at which a driver's license is revoked under the Road Traffic Act.

As a result, a court issued a summary order in July 2024 imposing a fine of 12 million won ($8,180) on A. Separately from the criminal penalty, A was also subject to disciplinary action under educational civil servant guidelines and received the heavy sanction of removal from office — on the grounds that A had committed drunk driving twice or more, with a blood alcohol level of 0.08% or higher on the second offense.

A appealed the removal to the Teachers' Appeals Review Committee. In March 2025, the committee partially accepted A's argument and reduced the punishment, downgrading it from removal from office to dismissal. Both sanctions strip a civil servant of their status, but removal carries the additional penalty of reduced severance pay, making it the harsher of the two.

A then refused to accept even the reduced dismissal and filed a lawsuit in April 2025.

During the trial, A's side argued that A "had no prior disciplinary record, had received commendations on multiple occasions, and had served faithfully for more than 25 years." The defense added that the 14-year gap between the two offenses could not be considered a pattern of repeated behavior, and that the short distance driven caused no property damage or personal injury. A also pleaded that dismissal would make it difficult for the family to make ends meet.

The court rejected all of A's arguments.

The panel said the dismissal "was carried out within the permissible range of disciplinary measures" and confirmed that A met the criteria for removal or dismissal, having committed drunk driving two or more times with a blood alcohol level of 0.08% or higher on the second offense.

The court further noted that A's blood alcohol level "exceeded 0.2%, the threshold under the Road Traffic Act that carries the most severe statutory penalty for drunk driving, indicating a very high risk to road safety."

The panel also said teachers must set an example and work to improve their character and qualities in order to devote themselves to educating students, adding that "a higher standard of morality is required of educators than of those in ordinary professions."

Taking these factors into account, the court concluded that the public interest served by the dismissal — including upholding discipline among educational civil servants — was not outweighed by the disadvantage suffered by A.

The ruling has not yet been finalized. A filed an appeal on June 10, and the case is now pending before the Suwon High Court.