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Q

Can I get through military disciplinary action for a secret second phone with the lightest possible punishment?

Legal IntellectualViews5,183

Hello, I am serving as an enlisted soldier. A few days ago, while in military life, I broke the regulations by secretly keeping a second phone, and I was caught using it by a superior during the night roll call. Do many cases similar to mine occur? If so, I am curious about how they are usually handled. If possible, I would like to receive a relatively light disposition, such as a warning or admonition, but I am very worried about whether one might go before a disciplinary committee and receive a heavy disciplinary measure through military disciplinary action over a secret second phone.

military disciplinary action for a secret second phone

A

Answer to Related Inquiry

Hello. This is a military law attorney at Daeryun Law LLC.

As for the matter you have raised, cases in which so-called 'second phones' are caught in violation of the mobile phone use regulations during military service occur frequently, exceeding ten thousand cases each year.

To use a mobile phone within the military, you are required to install a security application, and there are also restrictions on usage time; if you violate these, you become subject to discipline for violating the usage rules.

In particular, as in your case, there are many instances of being caught during night roll calls or surprise inspections, and the military regards this as a clear violation of regulations for the sake of maintaining security and discipline.

Under the current military human rights guidelines, service members' use of mobile phones is guaranteed in principle, but some acts, such as leaking military secrets, inappropriate filming and distribution, illegal gambling and monetary transactions, and acts disturbing military order, are strictly prohibited.

In the case of military disciplinary action over a secret second phone, a 'second phone' does not immediately lead to a heavy disciplinary measure, but it varies depending on the individual case.

If you simply used it for external contact or used it briefly out of personal need and were caught for the first time, there are plenty of cases that conclude with a relatively minor disciplinary measure, such as a caution, warning, confinement, or reprimand.

However, if you used a second phone repeatedly over a long period, or if there are circumstances suggesting security-related filming or leakage, there is also a possibility of being referred to a disciplinary committee and receiving a heavy disciplinary measure.

In fact, as cases of heavy disciplinary measures due to mobile phone use violations have increased significantly in recent times, the seriousness of the case must be assessed according to your specific circumstances.

If you feel anxious, you can receive a consultation with an expert and, by discussing the specifics, work together to seek out a response.

In addition, if you used a second phone due to unavoidable circumstances, it will also be important to appeal to that point and show remorse.

Because the initial statement and an attitude of remorse can have a considerable effect on the level of discipline, we recommend that you consult with an expert before undergoing the military disciplinary procedure over a secret second phone and decide on the direction of your statement.

A military law attorney will review your situation in detail in order to point out a practical direction for you and will assist you together through the procedures going forward.

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