CONTENTS
- 1. Assault in the Military | Concept and Punishment Standards
- - Military Assault against a Superior Officer
- - Military Assault against a Sentinel
- 2. Assault in the Military | Main Types of Military Assault Cases
- 3. Assault in the Military | Reviewing the Methods of Responding to Military Assault
- - Reporting and Protection Procedures from the Victim's Perspective in Assault Cases
- - Response Methods from the Perspective of the Accused in Assault Cases
- 4. Military Assault | Case Procedures and Particularities
- - Military Assault Case Procedures
- - Particularities of Military Assault Cases
- 5. Military Assault | Why a Specialized Attorney Is Needed
1. Assault in the Military | Concept and Punishment Standards
Assault in the military is an act of violence occurring within the military organization, to which the Military Criminal Act applies rather than the general Criminal Act.
In particular, under the Military Criminal Act, assault in the military can be subject to criminal punishment regardless of the victim's wish not to have the offender punished, and it is punished more severely when it occurs in wartime.
Assault in the military includes not only physical assault but also psychological violence, hierarchical coercion, and habitual harassment.
Even where it is committed without intent or occurs accidentally, it may be regarded as conduct that harms the hierarchy and order within the organization, and criminal proceedings may be commenced.
Military Assault against a Superior Officer
Simple assault or threat | When committed in the presence of the enemy: imprisonment for not less than 1 year and not more than 10 years |
Group assault or threat | When committed in the presence of the enemy: for the ringleader, life imprisonment or imprisonment for not less than 10 years, and for others, imprisonment for a definite term of not less than 3 years |
Special assault or threat | When committed in the presence of the enemy: death, life imprisonment, or imprisonment for not less than 5 years |
Assault resulting in death | When committed in the presence of the enemy: death, life imprisonment, or imprisonment for not less than 10 years |
Assault resulting in injury | When committed in the presence of the enemy: life imprisonment or imprisonment for not less than 3 years |
Group infliction of bodily injury | When committed in the presence of the enemy: for the ringleader, life imprisonment or imprisonment for not less than 10 years, and for others, life imprisonment or imprisonment for not less than 5 years |
Special infliction of bodily injury | When committed in the presence of the enemy: death, life imprisonment, or imprisonment for not less than 10 years |
Military Assault against a Sentinel
Simple assault or threat | When committed in the presence of the enemy: imprisonment for not more than 7 years |
Group assault or threat | When committed in the presence of the enemy: imprisonment for not less than 5 years, and for others, imprisonment for a definite term of not less than 3 years |
Special assault or threat | When committed in the presence of the enemy: death, life imprisonment, or imprisonment for not less than 3 years |
Assault resulting in death | When committed in the presence of the enemy: death, life imprisonment, or imprisonment for not less than 5 years |
Assault resulting in injury | When committed in the presence of the enemy: life imprisonment or imprisonment for not less than 3 years |
Group infliction of bodily injury | When committed in the presence of the enemy: for the ringleader, life imprisonment or imprisonment for not less than 7 years, and for others, life imprisonment or imprisonment for not less than 5 years |
Special infliction of bodily injury | When committed in the presence of the enemy: death, life imprisonment, or imprisonment for not less than 5 years |
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2. Assault in the Military | Main Types of Military Assault Cases
The level of punishment for assault in the military may vary depending on the circumstances of its occurrence, its type, and the gravity of the offense.
The types of assault frequently encountered in practice are as follows.
1. Assault of a junior soldier by a senior soldier
This is a typical type arising from the hierarchy between senior and junior soldiers in the military.
-Hierarchical violence such as beating, physical punishment drills, and coercion
-Whether the conduct is habitual is at issue, and securing the victim's statement is decisive
-If the victim commits suicide, the matter may expand to negligent homicide or abandonment resulting in death
2. Defiance of and assault against a superior
This is a case where physical contact occurs while defying a superior or refusing to comply with an order.
-May be handled jointly with insubordination and assault against a superior
-There may be grounds to argue the unlawfulness of the order and self-defense
3. Excessive instruction by instructors and officers
This may include physical punishment or verbal abuse that goes beyond instruction during training.
-Whether the conduct constitutes legitimate education and training is the core issue
-Whether the victim shows PTSD or trauma symptoms affects the legal judgment
3. Assault in the Military | Reviewing the Methods of Responding to Military Assault
Let us review the methods of response in cases of assault in the military from the perspectives of both the victim and the offender.
Reporting and Protection Procedures from the Victim's Perspective in Assault Cases
If you suffer assault within the military, it may not be easy to report the incident and request assistance, given the closed nature of military organizations.
However, you can receive practical protection by making active use of military human rights protection systems and external agencies.
▶Reporting channels
-Reporting to your own unit: report to your immediate superior officer or commanding officer
-Defense Help Call: reports can be made by phone at 1303 or online. The Defense Help Call is an organization operated by the military police to provide one-stop reporting and counseling services for grievances in military life, military crimes, sexual violence, drug crimes, and military safety.
-Reporting to the National Human Rights Commission of Korea: you may submit a petition to the National Human Rights Commission of Korea to pursue a remedy procedure, and you may request measures for the protection of victims and the punishment of perpetrators.
▶Protective measures
-You may request separation from the perpetrator
-Treatment support through military medical institutions and similar facilities may be provided
After an assault is reported, the matter proceeds to an investigation by the military police, and if necessary, the case is referred to the military prosecution, after which criminal punishment procedures against the perpetrator are carried out.
You should secure as much evidence as possible to prove the perpetrator's assault and ensure the consistency and credibility of your statements.
Response Methods from the Perspective of the Accused in Assault Cases
If you are accused of assault, your conduct may be interpreted unfavorably even when it actually constitutes self-defense or an unintended result occurred, so the following response strategies may be necessary.
1. Response at the investigation stage
-Preventing induced confessions: legal assistance is necessary during initial statements
-Collecting evidence such as CCTV footage: strengthening the defense by securing physical evidence
2. Response at the trial stage
-Attempting settlement: a sincere settlement with the victim may improve the prospects for leniency
-Organizing grounds for mitigation: whether it is a first offense, whether it was spontaneous, a letter of reflection, the willingness to remedy the harm, and similar factors
-Diligence in military service: submission of one's usual work attitude, letters of appeal, and similar materials
3. Administrative response
If you are indicted for assault or receive a guilty verdict, an administrative disciplinary action may be imposed separately from criminal punishment.
-Request for revocation of disciplinary action: you may request revocation of the disciplinary action from the military's internal body or the administrative appeals commission on grounds such as procedural defects in the discipline, errors in the facts, or violations of fairness.
-Administrative litigation against unfair discipline: if necessary, you may also consider a lawsuit before a civilian court seeking revocation of the disciplinary action.
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4. Military Assault | Case Procedures and Particularities
Military assault cases proceed under the procedures of the Military Criminal Act, unlike ordinary criminal procedures.
Because they proceed in a distinctive manner, it is advisable to accurately understand the procedures and particularities of the case and respond accordingly.
Military Assault Case Procedures
-Military police investigation: initial statements serve as key evidence in any subsequent trial
-Referral to the military prosecution: the decision on whether to indict is made and a detention warrant may be requested
-Trial before the military court: the first-instance trial is held at the military court, and an appeal may be made to a civilian court
-Concurrent discipline: administrative disciplinary procedures and criminal punishment may proceed simultaneously
Particularities of Military Assault Cases
-Criminal punishment:
If a conviction becomes final, a criminal record remains, which may directly hinder one's social life after military service.
Applications to certain occupational fields, such as public officials, public enterprises, and civilian military employees, may be restricted, and a criminal record check at the time of employment may work to one's disadvantage.
However, for enlisted soldiers serving mandatory military service, under the amendment to the Ministry of National Defense directive that took effect in June 2025, records of disciplinary actions are deleted from military-related certificates after discharge, and this applies retroactively to soldiers who have already been discharged.
That said, criminal punishment (a final conviction) is not subject to that directive, so it still remains as a criminal record.
-Disciplinary measures:
Various internal disciplinary actions, such as salary reduction, removal from one's position, and transfer, may be imposed concurrently, and they have a negative effect on military life as a whole.
In particular, for officers, removal from a position may give rise to significant constraints on promotion or assignment to key positions.
-Promotion restrictions:
For officers, noncommissioned officers, and other cadre personnel, if a disciplinary record remains due to assault, there is a high possibility of being passed over in promotion review, which may lead to results such as failure in long-term service review or compulsory discharge after mandatory service.
Enlisted soldiers may also be excluded from selections such as Special-Class Warrior or Model Soldier, which may affect long-term service or extension of service.
5. Military Assault | Why a Specialized Attorney Is Needed
Military assault cases involve an environment in which it is difficult for the suspect to fully exercise the right of defense, due to the closed nature peculiar to military organizations.
In addition, if you are a victim, it is not easy to collect legally sound evidence to prove the perpetrator's assault.
In such cases, it is advisable to receive the assistance of an attorney specializing in military matters from the early stage of the case.
You should respond from the initial statements at the investigation stage through the trial stage and on to the subsequent criminal punishment and disciplinary procedures.
A military assault case is not a simple assault.
It is a serious matter in which complex factors are intertwined, including the hierarchical order within the organization, the human rights of service members, and questions of a criminal record and discharge.
The assistance of a specialized attorney who can cover the procedures of both the military court and civilian courts is needed.
Our firm operates a dedicated task force solely for clients, staffed by attorneys specializing in military matters who have handled numerous practical military cases.
We invite you to seek the assistance of Daeryun Law Firm, which can respond simultaneously before military and civilian courts, provide one-stop resolution from trial through the disciplinary committee, and offer prompt consultation within your garrison area without travel to another region.
