Court Rules Restriction on Early Discharge Justified for Officer Who Received Sponsored Education

▲ Seoul Administrative Court and Seoul Family Court

A court has ruled that the military's decision to restrict the early discharge of a long-term service officer who applied to leave the service in his fifth year, despite having received government-sponsored foreign language education at a university, is justified.

The Administrative Division 1 of the Seoul Administrative Court (Presiding Judge Yang Sang-yoon) recently ruled against the plaintiff in a lawsuit filed by Army long-term service officer A seeking the cancellation of the discharge restriction disposition against the Minister of National Defense.

Officer A was commissioned as an Army officer (second lieutenant) in 2018 and was appointed as a long-term service officer in April 2020.

In 2024, while serving as a company commander in an Army battalion, Officer A applied for a fifth-year long-term service discharge, setting May 31, 2025, as his desired discharge date.

While the mandatory service period for long-term service officers is 10 years, they are permitted to apply for discharge once during their fifth year of appointment.

However, the Army Headquarters Discharge Screening Committee recommended to the Ministry of National Defense that Officer A's fifth-year discharge be restricted, considering his future utility, as he was personnel who had completed two or more years of sponsored education.

Subsequently, the Ministry of National Defense Personnel Committee recognized a shortage of personnel in his branch and judged the decision of the Army Discharge Screening Committee to be valid, ultimately approving the restriction on his fifth-year discharge.

Officer A filed an administrative lawsuit to contest the discharge restriction disposition, but the court did not accept it.

The court cited the Military Personnel Act, which stipulates that "persons who have received sponsored education as military personnel shall have a certain period added to their mandatory service period," and the former Military Personnel Management Directive, which states that "discharges in the fifth year of long-term service may be restricted for those who have completed two or more years of sponsored education, considering the current status of military manpower management," as the grounds for its judgment.

The court explained, "The purpose of these regulations is to secure a period during which the knowledge and capabilities of long-term service officers, who are skilled high-level personnel, can be fully utilized within the military, and to prevent the premature outflow of specialized personnel trained with state funds."

After being appointed as a long-term service officer, Officer A received sponsored education in the Arabic department at a domestic university and had obtained a specialized branch specialty related to that proficiency.

The court stated, "The Discharge Screening Committee made a resolution to restrict early discharge considering that Officer A's Arabic proficiency could be utilized for special military purposes in the future," adding, "This complies with the Military Personnel Act and other regulations, and its legitimacy is recognized."

Furthermore, the court pointed out that Officer A voluntarily applied for the sponsored education program while accepting the extension of the mandatory service period and restrictions on early discharge according to the regulations, and that "re-employment (change of career)," which he cited as the primary reason for his early discharge application, remains possible even after complying with the mandatory service period.

It also added, "Other reasons, such as the difficulties experienced while serving in a branch unrelated to his major, appear to be matters that can be resolved through the accumulation of practical experience and the utilization of internal military personnel systems," and concluded, "It is difficult to view the disadvantages inflicted upon the plaintiff by the discharge restriction disposition as outweighing the public interest."

(Photo: Yonhap News)

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