An appellate court in Seoul said Wednesday it has upheld a lower court’s decision that the Korea Military Academy went too far in expelling a cadet for having sex with his girlfriend.

The Seoul High Court said it has ordered the expulsion revoked.

It said the academy’s regulation banning sex should be construed as banning sex acts that go beyond moral limitations, and excessive application of the regulation could lead to a violation of Constitutional rights.

The cadet was kicked out of the academy in November 2011, just one semester before graduation, for failing to confess to school authorities that he had sex with his girlfriend while on weekend leave.

He took the case to court, and the lower court also ruled that the expulsion be repealed.

The academy said it would appeal the ruling. (Yonhap News)