Victory in Administrative Lawsuit Against 6th Brigade Commander
"No Property Value Due to Expired Shelf Life"
A Marine Corps lieutenant colonel who was disciplined for giving a 3,000 won military gochujang past its expiration date to an acquaintance won a lawsuit to cancel the reprimand against the brigade commander.
On the 15th, the Administrative Division 1-1 of Incheon District Court (Presiding Judge Kim Seong-su) announced that it ruled in favor of Lieutenant Colonel A of the Marine Corps in the lawsuit to cancel the reprimand filed against the commander of the 6th Brigade.
Gochujang stock photo. Photo by Korea Tourism Organization
In August 2022, Lieutenant Colonel A, who was serving as a battalion commander at the northernmost Baengnyeongdo Marine Corps base in the West Sea, discovered two boxes of military gochujang nearing their expiration date. This gochujang was usually served during meals for soldiers to mix with rice or dip side dishes.
Lieutenant Colonel A instructed the supply non-commissioned officer, "Before the expiration date passes, put the gochujang out on the serving table so the soldiers can eat it."
About two weeks later, seven containers of gochujang were placed on the unit’s dining hall serving table, but upon realizing they were past the expiration date, he ordered the chief warrant officer to dispose of all of them. However, he said, "Since the containers that have not been opened yet are too good to waste, I will eat them," and took two containers weighing 1.5 kg each to his quarters.
Lieutenant Colonel A had more gochujang than he could eat alone, so he gave one container to the owner of a restaurant he knew.
Later, the commander of the Marine Corps 6th Brigade learned that Lieutenant Colonel A had taken two containers of military gochujang outside the unit, and based on the Military Disciplinary Committee’s decision, imposed a reprimand and a disciplinary fine of 6,000 won on Lieutenant Colonel A in April last year.
Displeased with the disciplinary action, Lieutenant Colonel A appealed to the Marine Corps Headquarters, but it was dismissed, so he filed an administrative lawsuit against the commander of the 6th Brigade. In the lawsuit, he argued, "While disposing of the expired gochujang, I brought two containers to my quarters and ate them. Since I could not eat them all by myself, I gave one container to an acquaintance without any compensation. This does not constitute grounds for disciplinary action."
The court also judged that taking two containers of expired gochujang outside the unit was not a violation serious enough to warrant disciplinary action.
The court explained, "The price of one 1.5 kg container of gochujang is 3,000 won," adding, "This is based on the price of a new product, and expired gochujang has no actual property value." It further stated, "Lieutenant Colonel A, as a battalion commander, had the authority to decide how to handle the expired gochujang," and ruled, "Although taking it outside was not ideal, it is not an act that society would deem unacceptable."
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