Duty to disobey unlawful orders -- a case from South Korea

What to do when an order is unlawful? A recent decision from South Korea addresses this timely question:

The court stated, “Colonel Yu was clearly aware that the superior’s order was illegal, and it appears he only brought a minimal number of personnel for a formal deployment,” adding, “It is not reasonable to evaluate that he followed an illegal order merely based on the fact that he deployed.” The court further stated, “Passive resistance is also a way to confront illegal orders.” The court added, “Realistically, it is difficult to expect all soldiers to risk danger and firmly refuse orders,” and “They can choose not to properly cooperate by delaying or scaling down the execution of orders.”