Court dismisses ex-airman’s challenge to discipline over “Let’s play together” remark to female officer

A former South Korean airman failed to overturn a five-day military discipline order tied to a remark inviting a female officer to “play together.” The Seoul Administrative Court dismissed his lawsuit without examining the substance of the case, saying he had no remaining benefit to gain from it.

The man had worked as a support soldier in a support company. During a night shift, he visited the quarters of a female officer who had contacted him about a repair issue that day. After photographing the officer's air-conditioner filter, he asked her a question to the effect of “Let’s play together.” Military authorities treated the conduct as a violation of the duty to maintain dignity and imposed five days of disciplinary education.

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Let's play together

The order delayed his discharge by five days. He argued that the measure had caused a disadvantage, including an extension of his service period, and asked the court to cancel it. The case was filed against the commander of his former Air Force unit.

On Sept. 7, the court's Administrative Division 2, led by Presiding Judge Gong Hyeon-jin, rejected the case. It explained that once a service member has been discharged after receiving military disciplinary education, a cancellation lawsuit offers no legal benefit unless a separate disadvantage remains. The court therefore closed the case without ruling on whether the original punishment itself was justified.

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There is no benefit from a lawsuit to cancel the disposition if, after receiving military disciplinary education, the person has been discharged and no separate disadvantage remains