Caught Drunk Driving Three Times... "Dismissal Is Excessive"

"Punishment Including Old Offenses Lacks Fairness"
"Long-Term Faithful Service Should Be Considered"

A current police officer who had previously been disciplined twice for drunk driving was dismissed after being caught driving under the influence again. However, the court ruled that the disciplinary action was excessively severe and canceled the dismissal. The court determined that applying a dismissal based on a drunk driving record from over ten years ago was excessive.

A current police officer who was dismissed after being caught driving under the influence three times filed a lawsuit claiming the disciplinary action was excessively harsh, and the court canceled the dismissal. Photo by Huh Younghan

According to the legal community on May 25, the Seoul Administrative Court's 14th Division (presiding judge Lee Sangdeok) ruled in favor of Officer A in a lawsuit filed against the Seoul Metropolitan Police Agency to cancel his dismissal. On October 25, 2023, the Seoul Metropolitan Police Agency dismissed Officer A, stating that he had damaged the dignity of a police officer by driving under the influence two or three or more times. Officer A contested this decision and filed a lawsuit.

On August 24, 2023, Officer A drank soju and was caught driving in Gwangmyeong, Gyeonggi Province after a report was made and police were dispatched to the scene. He refused to take a breathalyzer test and was arrested on the spot. Later that year, in October, he received a summary order to pay a fine of 10 million won.

Officer A also has a history of disciplinary actions for drunk driving. In 2001, he received a reprimand for drunk driving, and in 2012, he was demoted after causing a traffic accident while driving under the influence and leaving the scene.

Based on the old enforcement rules of the Police Officers' Disciplinary Decree, which set dismissal to demotion for "two drunk driving offenses" and dismissal to removal for "three or more drunk driving offenses," the Seoul Metropolitan Police Agency dismissed Officer A. If a police officer is dismissed, they lose eligibility for public office for five years, and their retirement pension and severance pay are reduced to half of the original amount.

The court acknowledged that, although Officer A had committed drunk driving three times and was arrested for refusing a breathalyzer test, making it understandable that exclusion from public office might be necessary. However, the court stated, "For drunk driving offenses that occurred 11 and 22 years ago, much of the responsibility has been diluted. There is a clear difference in the necessity and degree of disciplinary action between a case where someone refrains from drunk driving for more than ten years before reoffending and a case where drunk driving is repeated over a short period."

The court also considered that Officer A had served as a police officer for about 32 years and received numerous commendations, and that his retirement pension and severance pay would be reduced by half due to dismissal, making his livelihood difficult. These factors were reflected in the determination of the disciplinary level.