CONTENTS
- 1. Military Disciplinary Action | The Legal Nature of the Military Disciplinary System
- 2. Military Disciplinary Action | Grounds for and Types of Discipline
- - Discipline of Officers and Others
- - Discipline of Enlisted Soldiers
- 3. Military Discipline | Procedures for Discipline and Appeal
- - Appeal Procedure
- 4. Military Discipline | A Guide to Responding on Your Own
- 5. Military Discipline | Points of Defense
- - If Responding to Military Discipline Alone Is Difficult
1. Military Disciplinary Action | The Legal Nature of the Military Disciplinary System
Military disciplinary action is a sanction procedure that exists to maintain the service discipline of the armed forces' personnel and to preserve the military chain of command.
It includes punitive elements but is classified as an administrative disposition distinct from criminal punishment, and it is carried out under special military statutes such as the Military Personnel Management Act and the Military Criminal Act.
In particular, military disciplinary action has similarities to ordinary disciplinary action against public officials, but, owing to the military's distinctive purpose of securing national security and operational efficiency, a more prompt and simplified procedure is recognized, and some procedural rights are also restricted.
Accordingly, military disciplinary action proceeds in accordance with the Military Personnel Management Act and the disciplinary regulations of the relevant unit, and whether the right of defense of the person subject to discipline is guaranteed varies depending on the applicable procedure.
2. Military Disciplinary Action | Grounds for and Types of Discipline
For military disciplinary action, under the Military Personnel Management Act and related orders, the types and specific content of discipline within the military are prescribed differently depending on the status of the person subject to it (officer, warrant officer, noncommissioned officer, or enlisted soldier).
Grounds for military disciplinary action
1. Violation of the duty of fidelity
2. Violation of the duty of obedience
3. Violation of the duty not to leave the unit
4. Violation of the duty of fairness
5. Violation of the duty of integrity
6. Violation of the duty to maintain confidentiality
7. Violation of the duty to maintain dignity
8. Violation of the duty prohibiting profit-making activities and concurrent positions
9. Violation of the prohibition on political activity
10. Violation of the duty prohibiting collective action
Discipline of Officers and Others
Disciplinary action within the military is a sanction intended to maintain the status and dignity of service members and to ensure compliance with their official duties. When certain grounds arise, it is imposed following a resolution of the disciplinary committee.
Disciplinary action is not available without limit, and a statute of limitations for requesting discipline is established.
Under Article 56 of the Military Personnel Management Act, the authority holding disciplinary power may request a disciplinary resolution from the disciplinary committee when a service member falls under any of the following, and must impose a disciplinary disposition according to the result.
1. Where the service member has violated the Military Personnel Management Act or an order issued thereunder
Examples: disobedience of a superior's order, violation of unit instructions, lapses in military discipline, and similar conduct
2. Where the service member has committed an act that damages the dignity of a service member
Examples: social controversy, gambling, drunk driving, lewd conduct, private-life issues, and similar matters may be included
3. Where the service member has violated or neglected official duties
Examples: leakage of military secrets, neglect of duty, poor management of equipment, and similar conduct
A statute of limitations also applies to requests for discipline.
That is, even where a misconduct has occurred, discipline cannot be requested if an excessively long period has elapsed.
This limitation period is classified as follows according to the gravity of the grounds for discipline
-Discipline arising from a violation of the Military Personnel Management Act: 5 years
-Other grounds for discipline: 3 years
Disciplinary Dispositions for Officers, Warrant Officers, and Noncommissioned Officers
Category | Content | |
Heavy discipline | Removal or dismissal | Stripping an officer, warrant officer, or noncommissioned officer of their status |
Demotion | Lowering the relevant rank by one grade ※ However, an officer may not be demoted to a warrant officer, nor a noncommissioned officer to an enlisted soldier | |
Suspension from duty | -The position is retained, but the member may not perform duties for a period of at least one month and no more than three months and is confined to a designated place | |
Light discipline | Reduction of salary | Deducting an amount equal to one-third of the salary for a period of at least one month and no more than three months |
Confinement to quarters | Having the member reflect on the misconduct at a designated place within the barracks specified by the disciplinary authority, after ordinary duty, for a period of up to 10 days | |
Reprimand | Identifying the misconduct and admonishing the member not to commit misconduct in the future | |
Discipline of Enlisted Soldiers
Discipline of enlisted soldiers is divided into the following six types, the specific content of which is as follows.
1. Demotion
This is discipline that lowers the current rank by one grade.
2. Military discipline training
This is a sanction under which the member receives education and training on a service member's mindset, attitude toward service, and similar matters at an institution designated by Ministry of National Defense ordinance, for a period of up to 15 days.
3. Reduction of salary
An amount equal to one-fifth of the salary is deducted, for a period of at least one month and no more than three months.
4. Reduction of leave
This is a sanction that reduces the number of leave days allotted during the period of service.
-The reduction per instance is up to 5 days
-The total may not exceed 15 days over the entire period of service
5. Confinement to quarters
This is discipline that restricts ordinary duty outside of training or education hours and has the member reflect at a designated place. It is limited to a maximum of 15 days.
6. Reprimand
This is a minor form of discipline that identifies the relevant misconduct or fault and admonishes the member so that the same conduct does not recur.
3. Military Discipline | Procedures for Discipline and Appeal
Military discipline typically proceeds through the following steps.
1. Recognition and investigation of the misconduct
When a unit commander or an audit body becomes aware of misconduct, the unit forms its own disciplinary investigation committee to confirm the facts.
2. Request for discipline and disciplinary resolution
Based on the investigation results, the authority empowered to request discipline (the commander) refers the matter to the disciplinary committee, which reviews the relevant facts and supporting materials and resolves on the discipline.
3. Notification of the disciplinary disposition
The result of the discipline is notified to the subject in writing, and an objection to the disposition may be contested through the Ministry of National Defense objection procedure or through administrative litigation.
Appeal Procedure
When you have received a disciplinary disposition in the military and believe that the disposition is unjust or inconsistent with the facts, you may raise an objection through the appeal procedure.
An appeal proceeds in the following order.
1. Imposition of the disciplinary disposition
By resolution of the disciplinary committee, discipline such as removal, suspension from duty, or reduction of salary is decided and notified to the subject in writing.
2. Preparation and submission of the appeal
If you do not accept the disciplinary disposition, you must prepare and submit an appeal within 30 days from the date you receive notice of the disposition.
In the appeal, it is advisable to state in detail the grounds for the objection, the facts, and the grounds for requesting mitigation or revocation.
3. Receipt of the appeal and formation of the appeal review committee
Once the appeal is received, an appeal review committee is formed at the relevant unit or a higher unit.
The committee reviews the disciplinary process, the evidence, the statements, and similar materials again.
4. Deliberation and resolution by the appeal review committee
Through its review, the committee comprehensively determines whether the discipline was appropriate, whether there were procedural problems, whether grounds for mitigation exist, and similar matters.
5. Notification of the review result
Depending on the appellant's arguments, the discipline is decided to be maintained, mitigated, or revoked, and the result is notified in writing.
6. Determination of the final response to the result
If you do not accept the appeal result, you may file administrative litigation (an action to revoke the disciplinary disposition).
In that case, separately from the appeal, you file a lawsuit with the court to contest the unlawfulness of the discipline.
Many people considering an appeal worry, "What if I file an appeal and end up receiving harsher discipline?"
However, under the relevant statutes, the level of discipline cannot be raised after the appeal procedure.
In other words, an appeal is a means of exercising the right of defense to obtain mitigation or revocation of discipline, and it is not a procedure that creates a new risk of discipline.
If you are not satisfied with the decision of the appeal review committee, you may once again seek revocation or mitigation of the discipline through administrative litigation.
In that case, you file an action against the military with the court to revoke the disciplinary disposition, and you may argue procedural unlawfulness, the unjustness of the grounds for discipline, and similar points.
-Securing supporting materials related to the grounds for discipline (text messages, KakaoTalk conversations, recordings, and similar materials)
-A handwritten statement or fact confirmation document organizing the circumstances of the case in detail
-Materials supporting grounds for mitigation, such as a letter of reflection, a request for leniency, and records of merit
4. Military Discipline | A Guide to Responding on Your Own
Let us look at how to respond to military discipline.
1. How to respond in the early stage of the disciplinary procedure
-Points to note when a statement is requested at the misconduct investigation stage
Unlike a criminal investigation, the disciplinary procedure treats the person as a "party" rather than as a suspect, so the right to remain silent under the Criminal Procedure Act does not apply directly. However, unjust coercion of a confession may constitute an infringement of the constitutional right to refuse to make statements.
It can be advantageous to make a note immediately, organize your recollection, and voluntarily prepare a statement consistent with the facts.
-Points to note when attending the investigation and disciplinary deliberation meeting
When attending the meeting, the subject of discipline is also given an opportunity to state an opinion, and may submit a handwritten letter of reflection and a request for leniency to encourage mitigation.
2. Objections and remedies
-Internal military objection procedure
If you have an objection to the disciplinary disposition, you may submit a written objection within 15 days from the date you receive the notice of the disciplinary disposition from the relevant unit.
Depending on the gravity of the matter, a higher unit or the Ministry of National Defense may order a re-deliberation or revoke the discipline.
-Administrative adjudication and administrative litigation
If you do not accept the result, you may file for administrative adjudication naming the Minister of National Defense as the respondent, and this may lead to administrative litigation (an action to revoke the disciplinary disposition).
Administrative adjudication must be filed within 90 days from the date you become aware that the disposition was made, or within 180 days from the date the disposition was made.
5. Military Discipline | Points of Defense
Let us look at the practical points of defense in military discipline.
1. Disputing the recognition of the facts underlying the grounds for discipline
Where the misconduct itself that forms the basis for the discipline is false or exaggerated, materials rebutting the recognition of the facts are important.
-Securing materials that prove the facts, such as call records, messenger captures, and CCTV, is key
-Rebuttal through statements from colleagues can also be actively used
2. The unjustness of the disciplinary assessment
-Where the level of discipline is inequitable despite the same misconduct, you may argue for mitigation of the disciplinary level by comparing the matter with existing similar cases.
-A strategy of comprehensively submitting a letter of reflection, a family petition, records of merit, and similar materials to emphasize grounds for merit and mitigating circumstances is effective.
3. Arguing the unlawfulness of the disciplinary procedure
-Procedural defects, such as flaws in the composition of the disciplinary committee, omission of the disciplinary resolution, or non-service of the disciplinary disposition document, may constitute grounds for nullity or revocation of the discipline.
If Responding to Military Discipline Alone Is Difficult
Discipline during military service does not end as a mere internal procedure; it can become a legal record that affects you even after discharge.
If the grounds for discipline are inconsistent with the facts or there were procedural problems, raising a legitimate objection and exercising the right of defense is a right guaranteed by law.
However, because the disciplinary procedure applies internal regulations and special military statutes, it can be difficult to prepare for and respond to the entire process on your own.
Through its National Defense and Military Group, Daeryun Law Firm has military-specialized attorneys well versed in the Military Criminal Act form a task force team to provide defense strategies tailored to each client's case.
Operating branch offices in regions across the country, Daeryun Law Firm offers a 24-hour, 365-day emergency consultation system, non-face-to-face video services, and prompt consultation within the jurisdictional area without travel to another region. Please reach out to Daeryun Law Firm for assistance.
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