A court has ruled that demoting a soldier by one rank for making derogatory remarks about a military superior—such as saying they wanted to "beat them up" and calling them a "useless officer"—was excessively harsh.

The Seoul Administrative Court (Administrative Division 12, presided over by Senior Judge Kang Jae-won) ruled in favor of the plaintiff, identified as A, on October 15 in a lawsuit filed against his Air Force brigade commander to cancel the disciplinary action.

A was reported for allegedly making remarks in front of soldiers waiting for pre-leave education in 2024, saying about superior B, "I want to beat him up," "That asshole doesn't do anything in his department anyway," and "He's a useless officer," which led a disciplinary committee to hand down a one-rank demotion.

Subsequently, A filed a lawsuit challenging the disciplinary action, denying that he ever made such remarks.

A argued that abstract and emotional expressions alone do not constitute grounds for discipline such as insulting a superior or violating the duty of obedience, and that even if recognized, demotion was overly severe.

The court acknowledged that some soldiers present at the scene provided consistent and specific statements regarding A's remarks, lending them credibility, and recognized that the statements were inappropriate as they disregarded hierarchical relationships within the military.

However, the court judged that A's remarks could not be seen as specifically disparaging B to the extent of undermining the military's top-down command structure.

The court explained, "While it can be evaluated as an imprudent, rude, and reckless expression made out of self-displaying intentions, it falls short of being intended to directly disturb military discipline or belittle the superior's position within the unit."

Furthermore, the court noted that superior B did not overhear A's remarks, and there were no circumstances showing that military discipline or the order of obedience within the unit was actually disrupted by the statements, leading the court to conclude that A's misconduct fell under cases of "minor wrongdoing and light negligence."

The Military Personnel Disciplinary Decree Enforcement Rule prescribes that disciplinary actions ranging from confinement to reprimand should be applied in cases of "minor wrongdoing and light negligence."

(File Photo: Yonhap News)