An image of a statue of Justitia, the goddess of justice [KOREA JOONGANG DAILY]
A police officer lost a lawsuit seeking to overturn a pay deduction for studying for law school on the clock and refusing a work-related request by a supervisor.
The Seoul Administrative Court ruled against the plaintiff on May 7 in a lawsuit filed by the officer against the head of their police precinct in Seoul, according to the legal community on Monday.
The plaintiff was found to have neglected duties between August and November 2024 by studying for law school admission, sleeping and spending extended periods using a mobile phone during work hours.
The plaintiff was also accused of insubordination after refusing a team leader’s request to revise a report related to an assault case.
During the exchange, the plaintiff allegedly raised their voice, saying, “If you’re so good at it, then do it yourself,” and “Stop harassing me over personal feelings and just approve it.”
The police precinct imposed a one-month pay cut in February of this year after learning of the incidents for negligence of duty and insubordination. The officer later filed a lawsuit arguing that the punishment was unfair.
The logo of police is attached on a door at a police station. [YONHAP]
The plaintiff claimed
that the remarks made toward the team leader did not constitute insubordination and were simply part of a demand for a proper administrative process, even if the language used was harsh.
The plaintiff also argued that the negligence amounted to only a temporary lapse that occurred shortly after being transferred to the precinct and that the disciplinary measure was excessive.
The court, however, ruled that the disciplinary action was justified.
“The officers at the precinct who witnessed the incident stated during an internal inspection that the plaintiff refused to comply with the team leader’s legitimate instructions and sarcastically challenged the supervisor while raising their voice in a manner implying, ‘Just approve it,’” the court said, acknowledging the basic facts surrounding the insubordination claim.
The court also found that the plaintiff violated obligations under the State Public Officials Act, including the duty to obey orders and maintain dignity.
“There is insufficient basis to conclude that the team leader routinely subjected the plaintiff to baseless criticism, nor is there evidence to support such a claim,” the court said.
The Seoul Administrative Court in Seocho District, southern Seoul [YONHAP]
Regarding the negligence allegations, the court said witness statements confirmed that the plaintiff studied for matters unrelated to police work, including the English language test Toeic and the Legal Education Eligibility Test, from August through October 2024, which could not be regarded as a short period. The court also found that the plaintiff had slept on chairs and used a messaging app for private conversations during work hours.
The court also rejected the plaintiff’s argument that the punishment should be reduced because they had apologized to team members and because the team leader had previously displayed inappropriate behavior.
“Such claims amount to nothing more than an attempt to evade responsibility and blame others, and they are not supported by objective evidence,” the court said.
The court ultimately dismissed the lawsuit, saying, “There are insufficient grounds to conclude that the disciplinary measure in this case was markedly unreasonable by socially accepted standards or objectively and clearly unjust.”
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
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