[Plaintiff, Appellee] Plaintiff (Attorney Lee Sang-won, counsel for the plaintiff)
[Defendant, Appellant] Commissioner of the Gangwon Provincial Police Agency (강원도지방경찰청장)
[Judgment Below] Seoul High Court Decision 96Gu31613 rendered on April 14, 1999
[Order]
The judgment below is reversed, and the case is remanded to the Seoul High Court.
[Reasoning] The Defendant's grounds of appeal are examined.
The court below found the following facts: that the Plaintiff began his career as a police officer after being publicly recruited as a patrolman (순경) on December 31, 1970, was promoted to sergeant (경사) on June 30, 1984, and had been serving at the ○○ Police Station since March 26, 1994; that on November 23, 1994, at approximately 20:20, the Plaintiff, while driving his own Elantra passenger vehicle (registration number 1 omitted) from the terminal side toward Gyo-dong at the terminal intersection located in Gyo-dong, ○○ City, collided with the rear of an Elantra passenger vehicle (registration number 2 omitted) driven by Non-party 1 (female, age omitted) that was traveling ahead of him, thereby inflicting cervical sprain injuries requiring approximately two weeks of treatment on Non-party 1 and on her passenger, Non-party 2 (male, age omitted, son of Non-party 1), and simultaneously causing property damage of approximately KRW 296,890 to repair the victim's vehicle, and that the Plaintiff fled the scene without stopping immediately to take the necessary measures; that the Plaintiff voluntarily reported to the Yeokjeon Police Substation at approximately 24:00 that same day, and that a breathalyzer test conducted at approximately 03:00 the following day showed a blood alcohol concentration of 0.12%, but it was proven that the Plaintiff had consumed alcohol after the accident, and based on the Plaintiff's statements and those of people around him, the degree of intoxication at the time of the accident (one cup of dongdongju, a type of Korean rice wine) was converted using the Widmark formula, revealing that the Plaintiff's blood alcohol concentration at the time of driving was below 0.026%, which is below the standard for drunk driving enforcement; that on November 24, the day after the accident, a settlement regarding the property damage was reached between the Plaintiff and Non-party 1, and the victim did not wish for the Plaintiff to be punished, and at that time the victims did not report any personal injury other than the vehicle damage, such that on December 16, 1994, the Plaintiff was referred to the ○○ Branch of the Chuncheon District Prosecutors' Office for violation of the Road Traffic Act (도로교통법) without physical detention; that thereafter, approximately one month after the date of the accident, the victims submitted medical certificates to the said ○○ Branch stating that each had sustained injuries requiring two weeks of treatment as a result of the accident, and based on this, the Plaintiff was detained on December 28 of the same year on suspicion of violating the Act on the Aggravated Punishment of Specific Crimes (특정범죄가중처벌등에관한법률) and other charges, and was indicted on January 17, 1995; that accordingly, the Chief of the ○○ Police Station, the Plaintiff's superior agency head, requested a disciplinary resolution from the Ordinary Disciplinary Committee for Police Officers of the ○○ Police Station on October 2, 1995, on the grounds that the Plaintiff had committed the misconduct of fleeing the scene without taking rescue measures after causing the traffic accident as described above; that at the meeting of the said Disciplinary Committee held on October 6 of the same year, dismissal (해임) of the Plaintiff was resolved; and that pursuant to that disciplinary resolution, the Defendant issued a dismissal disposition against the Plaintiff on October 9 of the same year pursuant to Article 78(1) of the State Public Officials Act (국가공무원법) (hereinafter referred to as "the instant dismissal disposition"). The court below further found that thereafter, on June 20, 1996, after the instant dismissal disposition, the Plaintiff was sentenced to a suspended sentence (선고유예) for violation of the Act on the Aggravated Punishment of Specific Crimes at the ○○ Branch of the Chuncheon District Court, and that judgment became final and conclusive.
Having found the above facts, the court below determined that the Plaintiff's act of fleeing the scene after the instant traffic accident not only violated the law but also constituted an act that damaged the dignity befitting a police officer, and thus fell under the grounds for disciplinary action set forth in Article 78(1), Items 1 and 3 of the State Public Officials Act; however, based on the evidence presented, the court below found that the Plaintiff had reached an amicable settlement with the victims and had served faithfully as a model police officer for the long period of 24 years, having received more than 20 commendations and medals for his achievements during that time; and considering these overall circumstances along with the background of the instant accident and the extent of the damage, the court below determined that the Defendant's disposition of dismissing the Plaintiff was excessively harsh compared to the wrongdoing committed by the Plaintiff, and thus constituted an unlawful deviation from the scope of discretion.
However, where there exist grounds for disciplinary action against a public official subject to discipline, the determination of what disposition to impose is a matter left to the discretion of the disciplinary authority; only where it is recognized that the disciplinary disposition rendered by the disciplinary authority in the exercise of its discretion has notably lost its reasonableness under generally accepted social norms, thereby deviating from or abusing the discretion entrusted to the disciplinary authority, can such disposition be deemed unlawful. In order for a disciplinary disposition to be deemed unlawful as having deviated from the scope of discretion by notably losing its reasonableness under generally accepted social norms, it must be recognized, upon comprehensive consideration of various factors according to the specific case—including the characteristics of the duties performed, the content and nature of the misconduct that gave rise to the discipline, the administrative purpose sought to be achieved through the discipline, and the standards for determining the severity of discipline—that the content of the discipline is objectively and clearly unreasonable (see Supreme Court Decision 97Nu14637 rendered on November 25, 1997, and other cases).
However, according to the facts found by the court below, if the Plaintiff, a police officer whose duty was to prevent, suppress, and investigate crimes, and moreover a police officer who was directly in charge of investigative duties (according to the record, the Plaintiff was working in the ◇◇ Section of the Investigation Division of the ○○ Police Station at the time of the instant accident), committed the instant offense of fleeing the scene after a traffic accident—an offense of by no means minor culpability—then it would be difficult for the public to trust the duties performed by such a police officer, and the grounds for discipline based thereon cannot be deemed minor. Therefore, even granting that there existed circumstances relevant to sentencing as found by the court below in the Plaintiff's favor, it cannot be concluded that dismissing the Plaintiff through disciplinary action, in light of the characteristics of the duties performed by police officers, the content and nature of the misconduct that gave rise to the discipline, and the administrative purpose sought to be achieved through the discipline, constitutes discipline whose content is objectively and clearly unreasonable such that it has notably lost its reasonableness under generally accepted social norms, thereby deviating from or abusing the discretion entrusted to the disciplinary authority.
Nevertheless, the court below reached a different conclusion and held that the instant dismissal disposition was unlawful as having deviated from the scope of discretion; such determination by the court below contains an error of law based on a misunderstanding of the legal principles concerning the scope of discretion in disciplinary dispositions. The ground of appeal pointing this out is well-founded.
Therefore, the judgment below is reversed, and the case is remanded to the court below for further proceedings, this Judgment being rendered by the unanimous opinion of the participating Justices as set forth in the Order.
Justice Byun Jae-seung (Presiding Justice), Lee Don-hee, Ji Chang-kwon (Justice in charge), Song Jin-hoon