Army Lieutenant Colonel Took Transmission Device Home for a Week
Court Rules "Breach of Duty of Diligence, One-Month Suspension Justified"
The court ruled that a one-month suspension was appropriate disciplinary action for an Army lieutenant colonel who took military supplies worth 40,000 won home, used them for about a week, and then returned them to the unit.
Lieutenant Colonel A, who served as a battalion commander in an Army unit, took a 46,900 won electrolyzed water generator, a unit asset, home for personal use in May 2021.
The electrolyzed water generator is a device that produces sterilizing water containing hypochlorous acid, a disinfectant, by applying electrical stimulation to tap water with added salt. It is known to have sterilizing effects when sprayed on clothes or furniture and gained attention during the spread of COVID-19.
Lieutenant Colonel A used the electrolyzed water generator at home for about a week before returning it to the unit. However, in November of the same year, he was referred to a disciplinary committee for embezzlement of military supplies and violation of the duty of sincerity, receiving a three-month suspension. At that time, the disciplinary charges also included improper preparation of accounting documents while using unit operating funds.
Lieutenant Colonel A appealed the disciplinary action, and the corps headquarters accepted the appeal, reducing the suspension to one month. However, in May of last year, Lieutenant Colonel A filed an administrative lawsuit in a civilian court, claiming he could not accept even this decision. In the lawsuit, he argued, "I took the electrolyzed water generator home to demonstrate to my family what kind of machine it is and forgot about it," asserting that "this is not embezzlement."
However, the court ruled that Lieutenant Colonel A’s act of taking military supplies home and using them constituted embezzlement and that the disciplinary action was lawful. The court explained, "The electrolyzed water generator was only returned after it was pointed out missing during a unit inspection," and added, "Had it not been pointed out, it is highly likely it would not have been returned, which constitutes a violation of the duty of sincerity."
The court further stated, "Lieutenant Colonel A’s misconduct disrupts military unit order and can lower morale," and added, "Given the need to strictly enforce discipline within the military, the discretion exercised by Division Commander B in imposing a one-month suspension should be respected."
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