Lawsuit to Cancel Disciplinary Action Against Former Air Force Legal Office Chief Jeon Ik-su in 'Late Lee Ye-ram Investigation Interference' Case Dismissed

Former Air Force Legal Office Chief Jeon Ik-su, who was indicted for improperly interfering in the investigation of the late Sergeant Lee Ye-ram's death but was acquitted in the first trial, lost a lawsuit seeking to cancel the disciplinary action that demoted him from brigadier general to colonel.

The Seoul Administrative Court, Administrative Division 1 (Presiding Judge Yang Sang-yoon) dismissed Jeon’s lawsuit filed against the Minister of National Defense on the 14th, ruling in favor of the defendant.

Jeon Ik-su, former Air Force Legal Office Chief.

The court acknowledged three of the four disciplinary charges against Jeon: ▲ neglecting to properly report the case through inaction, ▲ violation of duty of sincerity related to the sexual assault case, and ▲ violation of the duty to maintain dignity by coercing a military prosecutor to meet. However, it did not recognize the third disciplinary charge of neglecting the operation of the prosecution department in violation of the Military Court Act.

The court stated, "Considering that the third disciplinary charge against the plaintiff is not recognized, that demotion of a general is an unusual measure, and other circumstances claimed by the plaintiff, it cannot be concluded that this disciplinary action significantly lacks validity in social norms or that there was an abuse or excess of discretion."

The court pointed out, "As the Air Force Legal Office Chief, the plaintiff was expected to perform public duties with higher morality and sincerity than other soldiers, and held ultimate responsibility for operating the military prosecution organization and supervising military prosecutors to ensure timely and proper handling of major crimes within the military."

It continued, "According to disciplinary standards, the defendant could have, in principle, decided on a disciplinary action one level higher than dismissal or removal against the plaintiff. However, considering favorable circumstances such as the plaintiff’s 23 years of faithful service and recognition through commendations, the defendant appears to have imposed a demotion lower than dismissal."

Jeon was suspected of being responsible for the inadequate initial investigation during the process in which Sergeant Lee Ye-ram, who belonged to the Air Force 20th Fighter Wing, was sexually assaulted by a senior non-commissioned officer on March 2, 2021, and later took her own life on May 21 of the same year.

In November 2022, Jeon was disciplined by being demoted from brigadier general to colonel, marking the first case of a general being demoted since democratization.

The court found that Jeon violated the duty of sincerity stipulated in Article 56 of the Public Officials Act by failing to instruct or emphasize compliance with reporting guidelines to ensure timely case reporting, or by failing to direct the Air Force Headquarters High Prosecutor to do so without justifiable reason.

Additionally, after becoming aware of the incident, Jeon was obligated to take appropriate measures with the military prosecutor and prosecution investigator in charge. However, he regarded the reference report sent by Sergeant A on March 8, 2021, as a "simple reference report" without detailed review, and until Sergeant Lee’s death on May 22, 2021, he took no action such as directing or supervising the military prosecutor and prosecution investigator regarding the investigation, thereby neglecting his duties without justifiable reason and violating the duty of sincerity.

The court also addressed the charge that Jeon violated the duty to comply with laws by coercing or exerting power over military prosecutor B on July 16, 2021, who had knowledge of necessary facts related to the criminal investigation or trial of Jeon and Yang Mo. The court stated, "Although the legal provision applied to this disciplinary charge is not explicitly stated, it appears to be Article 5-9, Paragraph 4 of the Act on the Aggravated Punishment of Specific Crimes. Since the person over whom the plaintiff exerted power was military prosecutor B, even if the plaintiff’s phone call to B constituted exertion of power, it cannot be concluded that the plaintiff violated this legal provision."

Article 5-9, Paragraph 4 of the Act on the Aggravated Punishment of Specific Crimes stipulates that "Anyone who, without justifiable reason, coerces or exerts power over a person or their relative who knows necessary facts related to their own or another’s criminal investigation or trial shall be punished by imprisonment for up to three years or a fine of up to 3 million won."

However, the court noted, "The plaintiff’s conduct in this regard cannot be regarded as befitting the character suitable for performing the role of a public trustee, and the violation of the duty to maintain dignity can be recognized." It added, "This is not only a highly inappropriate act that undermines the fairness and reliability of the investigation but also an act that could psychologically pressure the military prosecutor and impair fair performance of duties. It cannot be seen as conduct befitting the character suitable for performing the role of a public trustee, and rather corresponds to an act that could damage public trust in the public service."

Meanwhile, regarding the third disciplinary charge that Jeon violated the duty of sincerity by failing to propose revisions to the 'Air Force Headquarters Legal Office Organization and Functions' and failing to ensure that the Chief of the Ordinary Prosecution Department focused on their original duties to enable smooth operation of the Air Force military prosecution, the court ruled, "It cannot be said that the plaintiff had a specific obligation to propose revisions to the Air Force Headquarters Legal Office organization within a reasonable period. Since the plaintiff cannot be recognized as having such a positive duty, this disciplinary charge cannot be upheld."

Sergeant Lee’s father, after the ruling, told reporters, "By delivering a just verdict for the victim and the wronged bereaved families, they have created a country with justice and common sense," and added, "This is an example showing that we are approaching justice, fairness, and common sense."

Jeon was acquitted in the first criminal trial last June on charges of improperly interfering in the investigation of Sergeant Lee’s case.

While the court acquitted Jeon of the coercion charge, it criticized his conduct of attempting to obtain investigation details by recording conversations as highly inappropriate.

Jeon filed for a suspension of the disciplinary action’s effect along with the lawsuit to cancel the disciplinary action, and the court partially granted the request, allowing him to retire as a brigadier general in December 2022.