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| TITLE | Supreme Court Decision 2016Du60591 Decided August 30, 2018 【Revocation of Disposition of Expulsion】 [full Text] |
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| Summary | |
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[1] In the case of military cadets enrolled at the Korea Army Academy at Youngcheon, whether their fundamental rights may be restricted beyond those of the general public (affirmative) and, in such case, scope of such restriction [2] Whether compliance rules and disciplinary measures related to military cadets may be prescribed under the Act on the Establishment of the Korea Army Academy at Youngcheon, the Enforcement Decree thereof, the Regulations of the Korea Army Academy at Youngcheon, the Administrative Rules Concerning Military Cadets, etc. (affirmative), and whether such rules and regulations ought to be respected (affirmative) [3] In the case where: (a) Party A, a military cadet enrolled at the Korea Army Academy at Youngcheon, consumed alcohol off-campus on four occasions; and (b) the Superintendent of the Korea Army Academy at Youngcheon, according to the resolution of the Education Steering Committee, ordered expulsion on the grounds that Party A violated the duty of keeping dignity as defined under Article 12 (Alcohol Abstinence) of the Administrative Rules Concerning Military Cadets, the case holding that: (a) the aforementioned alcohol abstinence rule is an excessive restriction of a military cadet’s basic rights, i.e., enjoyment of life and liberty, and privacy, and is thus invalid; (b) nonetheless, the lower court deemed the expulsion as a lawful disposition that was issued by applying said rule under Article 12; and (c) in so doing, it erred by misapprehending the legal doctrine |
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