Former police officers who were dismissed due to poor response to the ‘Incheon inter-floor noise and weapon riot’ incident that occurred in 2021 filed an administrative lawsuit, but lost in the Supreme Court and the dismissal was confirmed.
According to the legal community on the 12th, the Supreme Court 1st Division (Chief Justice Seo Kyung-hwan) confirmed the original judgment that the plaintiff lost in the appeal trial of the lawsuit filed by former Superintendent A (50) against the Incheon Metropolitan Police Agency Chief of Police on the 10th, with a dismissal without trial.
Dismissal without trial is a system in which, except for criminal cases, the original judgment is not subject to a main trial and the appeal is not accepted unless there is a specific reason such as illegality in the original judgment.
Former Superintendent A and former Police Officer B (26, female), who were working at a certain district of Incheon Nonhyeon Police Station, were embroiled in controversy when they left the scene without protecting the victim during the noise-related weapon attack that occurred at a villa in Namdong-gu, Incheon on November 15, 2021.
At the time, former Superintendent A claimed that he came out of the villa because he thought he had to use the radio because “the radio doesn’t work well inside the building,” and former Police Officer B reportedly stated that he did not remember the situation at the time, saying, “I was in a ‘blackout’ state when I saw the gushing blood.”
In the same month, the police held a disciplinary committee and dismissed the officers for violating their duty of good faith. Dismissal is the second-highest level of disciplinary action for police officers, following dismissal. If dismissed, a person cannot be employed as a civil servant for three years.
The two filed administrative lawsuits against the dismissal disciplinary action, but the result did not change, as the Supreme Court confirmed the dismissal of former Police Officer B in March.
The first trial in charge of former Police Officer B’s case criticized him, saying, “After witnessing the heinous crime with his own eyes, he should have taken quick initial measures to arrest the criminal, but he left the scene of the crime due to fear, etc.” and “This is abandoning his basic and essential duties as a police officer.”
The first trial in charge of former Police Officer A’s case also ruled that “it is reasonable to view it as dereliction of duty and gross negligence,” and that the dismissal was not excessive. The Seoul High Court’s appellate court also pointed out that “the victims’ lives and bodies were seriously harmed.”
Meanwhile, the two were indicted on charges of dereliction of duty and were each sentenced to one year in prison and three years of probation in an appeal trial held at the Incheon District Court in late July.
When Senior Superintendent A and others left the scene, it was reported that C (51), a resident on the 4th floor of the villa, had been swinging a weapon at a family of three living on the 3rd floor. He was indicted on charges of attempted murder for attempting to kill the victims, and was sentenced to 22 years in prison.
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Former police officers who were dismissed due to poor response to the ‘Incheon inter-floor noise and weapon riot’ incident that occurred in 2021 filed an administrative lawsuit, but lost in the Supreme Court and the dismissal was confirmed.
According to the legal community on the 12th, the Supreme Court 1st Division (Chief Justice Seo Kyung-hwan) confirmed the original judgment that the plaintiff lost in the appeal trial of the lawsuit filed by former Superintendent A (50) against the Incheon Metropolitan Police Agency Chief of Police on the 10th, with a dismissal without trial.
Dismissal without trial is a system in which, except for criminal cases, the original judgment is not subject to a main trial and the appeal is not accepted unless there is a specific reason such as illegality in the original judgment.
Former Superintendent A and former Police Officer B (26, female), who were working at a certain district of Incheon Nonhyeon Police Station, were embroiled in controversy when they left the scene without protecting the victim during the noise-related weapon attack that occurred at a villa in Namdong-gu, Incheon on November 15, 2021.
At the time, former Superintendent A claimed that he came out of the villa because he thought he had to use the radio because “the radio doesn’t work well inside the building,” and former Police Officer B reportedly stated that he did not remember the situation at the time, saying, “I was in a ‘blackout’ state when I saw the gushing blood.”
In the same month, the police held a disciplinary committee and dismissed the officers for violating their duty of good faith. Dismissal is the second-highest level of disciplinary action for police officers, following dismissal. If dismissed, a person cannot be employed as a civil servant for three years.
The two filed administrative lawsuits against the dismissal disciplinary action, but the result did not change, as the Supreme Court confirmed the dismissal of former Police Officer B in March.
The first trial in charge of former Police Officer B’s case criticized him, saying, “After witnessing the heinous crime with his own eyes, he should have taken quick initial measures to arrest the criminal, but he left the scene of the crime due to fear, etc.” and “This is abandoning his basic and essential duties as a police officer.”
The first trial in charge of former Police Officer A’s case also ruled that “it is reasonable to view it as dereliction of duty and gross negligence,” and that the dismissal was not excessive. The Seoul High Court’s appellate court also pointed out that “the victims’ lives and bodies were seriously harmed.”
Meanwhile, the two were indicted on charges of dereliction of duty and were each sentenced to one year in prison and three years of probation in an appeal trial held at the Incheon District Court in late July.
When Senior Superintendent A and others left the scene, it was reported that C (51), a resident on the 4th floor of the villa, had been swinging a weapon at a family of three living on the 3rd floor. He was indicted on charges of attempted murder for attempting to kill the victims, and was sentenced to 22 years in prison.