Disciplinary Action of Two-Month Suspension for Drunkenness and Squid Fishing by Coast Guard Officer Justified

A Coast Guard officer received a two-month suspension for engaging in multiple instances of group drinking and squid fishing during active duty, and although he filed a lawsuit against the suspension, he lost the case in court.

According to the legal community on the 3rd, the Administrative Division 6 of the Seoul Administrative Court (Chief Judge Na Jin-yi) ruled against Officer A's lawsuit seeking the cancellation of the suspension from the Korea Coast Guard.

Officer A, who was appointed as a police officer in the Korea Coast Guard in 2010, committed various misconducts that undermined discipline while on duty by participating in group drinking with pork belly on board the ship during operational times four times between June and August 2022. He received a two-month suspension and a disciplinary fine of 675,000 KRW in December of the same year.

It was confirmed that Officer A, while handling financial duties, reduced certain items or quantities in the budget and purchased alcohol with the money saved, bringing it aboard the ship. It was revealed that he had purchased a significant amount of alcohol, totaling 36 bottles of soju (1.8L each) and 80 cans of beer (375ml each) over five instances.

Additionally, he went squid fishing twice during the operational period, and took actions to cover CCTV in order to hide this misconduct.

Furthermore, Officer A allowed a crew member to accept catches from a Chinese fishing vessel during an inspection, and it was discovered that he instructed kitchen staff to provide false statements when an investigation into the misappropriation of meal expenses began.

However, Officer A claimed that the penalty was unjust and initiated an administrative lawsuit.

He argued that group drinking was not a simple violation but rather an activity conducted during dinner time for morale-boosting purposes, thus should not be considered grounds for disciplinary action under the police service regulations due to "special circumstances."

Court: "Drinking on Board Violates Duty; Disciplinary Action Justified"

Nevertheless, the first instance court did not accept Officer A’s claims.

The court determined that the Korea Coast Guard had prohibited drinking on board 13 times from January 2018 to June 2022, and therefore it could not be seen simply as a gathering to boost morale.

The court explained, "Coast Guard officers on board vessels must always maintain a state of readiness to promptly respond to unexpected maritime situations" and stated, "Even if it occurred during the weekend dinner time, it is difficult to see it as a circumstance that warrants special consideration. Drinking on board during operational periods violates the duty of diligence, obedience, and maintaining dignity as a public officer."

Furthermore, the court emphasized that "crew members on security vessels, who need to respond quickly to various maritime situations such as territorial invasions and major accidents, must possess a higher level of responsibility and strict work discipline," asserting that the plaintiff's actions constituted significant violations of duty and were a case of gross negligence.

Image source: Reference material for understanding the article / gettyimagesbank, Korea Coast Guard