▲ The Court
A court has ruled that outdoor overnight camping training for military civilian employees (gunmuwon) cannot be considered a violation of fundamental rights.
The Seoul Administrative Court's Administrative Division 11 (Presiding Judge Kim Jun-young) recently ruled against the plaintiff, a military civilian employee surnamed Jung, in a lawsuit filed against the National Human Rights Commission (NHRC) seeking the cancellation of its decision to dismiss an administrative appeal.
Jung filed a petition with the NHRC arguing that participating in outdoor overnight training at the Aviation Maintenance Brigade of the school where he works infringed upon his fundamental rights, such as the freedom of general action.
The NHRC dismissed the petition, stating that the restriction of fundamental rights due to the overnight training served the legitimate purpose of ensuring national security, and that the training method was also appropriate considering the characteristics of the unit, which performs missions such as aircraft maintenance and test flights.
Jung filed an administrative lawsuit in objection, but the court also concluded that there was no problem with the NHRC's dismissal of the petition.
The court stated, "There is a need to conduct training in preparation for situations during wartime where the duties of military civilian employees must be performed at night or outside the office," adding, "Outdoor overnight training related to their duties is also included in the education and training of military civilian employees."
It explained that outdoor overnight training is necessary even when considering the characteristics of Jung's unit, which handles aircraft maintenance duties.
The court also found that it did not violate the principle of prohibition of excessive restriction, stating, "The public interest, such as national security to be achieved through overnight training, cannot be said to be smaller than the disadvantageous effects, such as the restriction on Jung's freedom of general action."
It further rejected Jung's argument that the training was illegal because the implementation methods and frequency of the overnight training were not stipulated by law and it was conducted excessively frequently based on the commander's discretion.
The court dismissed Jung's claim, stating, "There are control mechanisms as relevant regulations exist in the Military Civilian Personnel Act, and it is necessary to grant commanders broad discretion regarding unit training."
(Photo: Yonhap News)
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