A lawsuit to revoke a disciplinary action filed by a Navy officer who was suspended for two months for having an affair with the wife of a Marine Corps officer has been dismissed.

Daegu District Law Administrative Division 2 (Chief Judge Shin Heon-suk) dismissed the plaintiff's claim in a lawsuit filed against the commander of the naval aviation by Navy officer A, who was suspended for violating his duty of dignity due to an affair.

In 2, Mr. A met the wife of a Marine Corps officer he met at a kindergarten event for his children through family gatherings, and was later found to have had an affair, and was suspended for two months in 2019.

Mr. A argued that the disciplinary action was excessive, saying that the disciplinary action did not take into account the normal circumstances, such as the commendation of the Chairman of the Joint Chiefs of Staff, and that his misconduct did not constitute a disciplinary ground unrelated to the performance of public office.

"In the case of officer status, the history of the Chief of Staff's commendation does not constitute grounds for disciplinary reduction," the court said, adding, "Since the plaintiff's misconduct was disclosed to the outside and the Navy and Marine Corps units are participating in joint exercises, it is difficult to conclude that the misconduct is not related to the performance of public office."

It added, "It appears that the defendant needed to take strict disciplinary action against the misconduct, and it is difficult to see that the public benefit sought to be achieved by such action is less than the disadvantage the plaintiff would suffer."

(Photo = Yonhap News)