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Court rules soldier who concealed DUI conviction isn't entitled to pension

Published: 15 Dec. 2025, 09:23

Illustration of a soldier [YONHAP]

A court has ruled that a soldier who concealed a drunk driving conviction for over a decade should not be entitled to receive a military pension.

The soldier had been found guilty of a hit-and-run in 2006 in Hwaseong, Gyeonggi, while driving under the influence with a blood alcohol concentration of 0.169 percent. After running a red light and hitting the front bumper of a taxi, the soldier fled the scene. During the police investigation, the soldier did not disclose their status as a service member, and the case proceeded through civilian prosecution, resulting in an indictment at the Suwon District Court.

The soldier was sentenced to eight months in prison, suspended for two years. The conviction remained undisclosed throughout the soldier’s military service, which continued for more than a decade.

The criminal record was only uncovered in 2019, shortly before the soldier's scheduled discharge. Upon discovery of the conviction, the military issued an order to dismiss the soldier retroactively as of the date of the court ruling in February 2006. Despite this, the military granted the soldier a retirement allowance and pension in 2021. Roughly a year and a half later, the military ceased the payments upon realizing that the pension had been issued in error. Under the law, the right to claim retirement benefits expires five years after retirement — in this case, by February 2011.

The Army subsequently notified the soldier of its decision to reclaim 229.4 million won ($156,000) in erroneously paid benefits, including 209.8 million won in pension payments and a monthly pension of 1.12 million won.

The Seoul Administrative Court in Seocho District, southern Seoul [YONHAP]

The soldier filed two lawsuits — one to overturn the decision to reclaim the funds and another to resume the suspended pension.

The Seoul Administrative Court ruled that the soldier does not have to return the 200 million won already received, citing that reclaiming a lump sum of previously paid public benefits is excessive. In July last year, the court stated that reversing administrative actions that grant benefits must be done with caution, as it infringes upon vested rights.

However, the court also ruled that it would be improper for the soldier to continue receiving monthly pension payments. According to the ruling from the court’s administrative division, delivered in October, the soldier’s right to claim pension benefits had already expired as of February 2011. The soldier argued that the military forfeited its rights when it approved the pension in 2021, but the court rejected that claim.

“The military mistakenly believed the statute of limitations began in 2019, when the dismissal order was issued,” the court said. “Its decision to disburse the pension did not amount to a declaration of intent to waive its legal rights.”

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY CHOI SEO-IN [[email protected]]