Ex-JCS Operations Chief Launches Lawsuit to Overturn Disciplinary Action

Military generals, who faced severe disciplinary action from the Ministry of National Defense over allegations of involvement in the December 3, 2024, state of emergency, have filed lawsuits seeking to overturn these disciplinary measures. The Seoul Administrative Court's Administrative Division 10 has scheduled the first hearing for the lawsuit filed by Lee Seung-oh, former Chief of Operations at the Joint Chiefs of Staff, against the Minister of National Defense, seeking to nullify his dismissal, for November 9. Kang Dong-gil, former Chief of Naval Operations, has also filed a lawsuit to cancel his suspension, with the Seoul Administrative Court's Administrative Division 14 set to hold its first hearing on December 3.

Lee Seung-oh, former JCS Chief of Operations, and Kang Dong-gil, former Chief of Naval Operations, were not indicted by the special prosecutor's team for rebellion and the second comprehensive special prosecution team. The Cho Eun-seok special prosecution team found no grounds for the charge of fabricating official documents against former Chief of Operations Lee, and the Kwon Chang-young comprehensive special prosecution team determined in July that they had no intent to subvert the constitution, leading to their non-indictment. While the comprehensive special prosecution team indicted former JCS Chairman Kim Myung-soo and others on charges of engaging in important tasks related to rebellion, they deemed it difficult to apply charges to former Chief of Operations Lee and former Chief of Naval Operations Kang, excluding them from prosecution.

The Ministry of National Defense maintains that investigation results and administrative disciplinary actions are separate matters. A ministry official stated that disciplinary measures and criminal penalties are different systems, and disciplinary reasons can be recognized independently of investigation outcomes. They added that disciplinary actions were taken based on findings that the individuals concerned failed to fulfill their duties corresponding to their positions.

In parallel with administrative lawsuits, the parties facing disciplinary action are also pursuing appeals, which can be filed within 30 days of receiving notification of the disciplinary action, according to the Military Personnel Act. Accordingly, former Chief of Operations Lee and former Chief of Naval Operations Kang have submitted appeals to the Ministry of National Defense while simultaneously filing lawsuits against the Minister of National Defense.