Neglect of Duty

▶Late arrival or unauthorized absence

-A case of not reporting for duty at the designated time or leaving the place of duty without authorization.

-For enlisted soldiers, this includes a delayed return to the training center, and for officers, the failure to observe regular workdays.

▶Nonperformance of duties or a passive attitude

-A case of repeatedly failing to perform duties that one is clearly capable of carrying out, or passively letting a superior's instructions slip by.

-Representative examples include putting off duties for a long period or being negligent in the duty to report.

▶Neglect of guard duty

-A case of dozing off or leaving the place of duty while on sentry or guard duty, which is treated as especially serious in wartime situations or in border areas.

▶Private conduct while on duty

-Acts equivalent to departing from duty, such as private phone calls, drinking, or unauthorized outings while on duty, may also be regarded as neglect of duty.

1. Controversy over inadequate service by popular singer S

Popular singer S received a Grade 4 supplemental service classification at the military physical examination on grounds of anthropophobia, bipolar disorder, and panic disorder, and began alternative service.

However, allegations of inadequate service were subsequently raised, drawing significant public criticism.

2. A military physician who reported late 124 times over three years

It was revealed that First Lieutenant A, a military physician, reported for duty late 124 times after his commission as a military physician and requested leave by phone 62 times.

As the neglect of duty recurred, his brigade imposed a light disciplinary measure of a three-month salary reduction on First Lieutenant A on grounds of habitual late arrival and refusal to provide medical treatment.

The term neglect of duty is used not only in military organizations but also in ordinary administrative organizations. However, the applicable legal standards and the severity of punishment are fundamentally different.

In the world of ordinary public officials, dereliction of duty is mainly handled as a ground for disciplinary action under the State Public Officials Act or the Local Public Officials Act, resulting in administrative disadvantages such as suspension from duty or a salary reduction.

By contrast, a service member's neglect of duty may expressly be subject to criminal punishment under the Military Criminal Act, and it is a criminal offense punishable by imprisonment for at least one year.

In particular, neglect of duty occurring in time of war or upheaval or in a martial law area is treated severely, and there are not a few cases that lead to actual detention during investigation and even the imposition of a custodial sentence.

This is because a military organization is a special organization directly tied to national security, and clarity in the chain of command and unity in carrying out missions are absolutely required.

The standard for determining neglect of duty is also far stricter than for ordinary public officials.

In civilian organizations, even where the performance of duties is somewhat delayed or a mistake occurs, the matter often ends with internal measures at the level of a 'caution' or 'warning.' In the military, however, the same act is regarded as an act that undermines military discipline, and it may be extended to crimes such as breach of military discipline, insubordination, and dereliction of duty.

For example, responding passively to a superior's clear order or delaying compliance with an instruction may risk punishment for insubordination rather than mere dereliction of duty.

In addition, neglect of duty within the military may be punished by the neglect itself, regardless of any actual accident or harm.

This reflects an intent to maintain discipline on a preventive basis given the nature of a military organization's mission, and it is also the greatest difference from an ordinary administrative agency.

In military criminal or disciplinary cases, dereliction of duty is generally assessed based on intent, repetition, and the impact on the organization.

Accordingly, an attorney responds by focusing on the following strategic points.

▶Proving the absence of intent or malice

-Unless there is clear evidence that the suspect refused to perform duties or deliberately avoided them, the attorney actively argues the absence of intent.

▶Justifiable grounds and whether prior reporting occurred

-If the matter was reported to a superior in advance or the handover procedure was completed, the conduct may be interpreted as a work adjustment or a mistake rather than dereliction of duty.
-The attorney examines whether a reporting system was in place and whether a communication error occurred, in order to structure justifiable grounds.

▶Strategy for mitigating the level of discipline

-Before the disciplinary committee hearing, the attorney reviews the subject's work attitude, record of merit, and overall military service to organize grounds for mitigation.
-By emphasizing factors such as a first offense, the absence of actual harm, and a remorseful attitude, the attorney seeks to guide the disciplinary outcome toward a reprimand or pay reduction.

Although dereliction of duty may appear minor, it is a sensitive matter connected to discipline within the military organization, and it is an offense to which both disciplinary action and criminal punishment may apply.

Therefore, if you are implicated in an allegation of dereliction of duty, it is very important to accurately organize the circumstances and reasons, promptly secure the relevant evidence, and prepare petition and mitigation materials.

At Daeryun Law Firm, attorneys specializing in the Military Criminal Act who have handled actual cases provide one-stop legal services, including advice on early disciplinary response strategy and support in preparing statements of circumstance, response to military prosecutor investigations and criminal proceedings, and trial defense.

We invite you to seek assistance from Daeryun Law Firm, where you can receive consultation within your garrison area without traveling to another region.