Supreme Court Confirms Dismissal of Non-Prosecution Review
Severe Disciplinary Action After Dismissal... Prohibition from Public Service Appointment for 3 Years
The dismissal of former police officers who were fired for inadequate response during the 'Incheon Stabbing Incident' in 2021 has been finalized.
According to Newsis on the 12th, the Supreme Court's 1st Division (Presiding Justice Seo Kyung-hwan) confirmed on the 10th the lower court's ruling, which dismissed the appeal filed by former Sergeant A (50) against the dismissal order by the Incheon Police Agency, by rejecting the appeal without trial.
Rejection without trial is a system that dismisses cases deemed not subject to appeal, except for criminal cases.
Former Sergeant A and former Police Officer B (26, female), who were working at a certain district police substation under the Nonhyeon Police Station in Incheon, were dispatched to a stabbing incident caused by noise complaints between floors at a villa in Namdong-gu, Incheon, on the afternoon of November 15, 2021. However, they left the scene without protecting the victim, causing controversy.
At that time, Mr. C, in his 50s, living on the 4th floor of the villa, reportedly wielded a weapon against three family members living on the 3rd floor after the police officers left the scene. Mr. C was tried on charges of attempted murder and sentenced to 22 years in prison.
Former Sergeant A claimed, "I went outside because the radio communication inside the building was poor," and former Police Officer B reportedly stated that she was in a 'blackout' state after seeing spurting blood and could not remember the situation at the time.
In response, the police held a disciplinary committee in the same month and dismissed A and B for violating their duty of diligence. Dismissal is the second most severe disciplinary action after dismissal with disgrace among police disciplinary measures, and those dismissed cannot be appointed as public officials for three years.
A and B filed administrative lawsuits challenging their dismissal, but in March, the Supreme Court confirmed the dismissal of former Police Officer B.
The first trial court handling former Police Officer B's case stated, "Despite witnessing the horrific crime firsthand, they left the crime scene due to fear instead of taking prompt initial action to arrest the perpetrator," and ruled, "This constitutes abandonment of the basic and essential duties as police officers."
The first trial court handling former Sergeant A's case also judged, "It is appropriate to consider this as negligence and gross negligence." The Seoul High Court appellate court also pointed out, "Serious harm occurred to the lives and bodies of the victims."
They were prosecuted for dereliction of duty and, at the appellate trial held at the Incheon District Court at the end of July, were each sentenced to one year in prison with a three-year probation period.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
