Cruel Treatment in the Military

Cruel treatment in the military refers to inflicting physical or mental suffering on, or causing personal humiliation to, another soldier or a junior enlisted member through unlawful or abnormal means.

The specific scope or methods of cruel treatment in the military are not defined; the term refers to conduct that departs from the common sense of an ordinary person.

This is regarded as a serious internal military offense and a criminal offense that fundamentally undermines the order of military service and the system of human rights protection.

Although cruel treatment in the military has decreased considerably compared to the past due to improvements in barracks culture, there are still many cases in which authority is abused or coercive power is exercised under the pretext of maintaining discipline.

Cruel treatment in the military is conduct punishable under the Military Criminal Act and constitutes assault within the military.

In particular, cruel treatment committed by a commander or a superior is not only subject to disciplinary action but also to criminal punishment, and when it leads to serious consequences such as the victim's PTSD or suicide, it is classified as a serious human rights violation case.

What kind of conduct does cruel treatment in the military refer to?

When a soldier commits assault, threats, severe verbal abuse, or other acts that inflict physical or mental suffering on another soldier and thereby departs from the purpose of maintaining discipline, the conduct becomes subject to criminal punishment.

In other words, conduct that is not for a legitimate command or supervisory purpose but is motivated by personal emotion, abuse of position, excessive control, or the intent to cause humiliation may be judged to be cruel treatment.

Specific examples are as follows.

Even if the purpose is to maintain discipline, when the method departs from laws and regulations, it is punishable as cruel treatment.

▶Issues depending on the relationship between the offender and the victim

-Superior → subordinate: a typical type of cruel treatment, where abuse of command authority and the exercise of coercive power become the issues.
-Peer or junior → senior: this includes group ostracism and violence disguised as horseplay.
-Commander → all unit members: this can develop into widespread problems such as collective physical punishment, unjust training orders, and misuse of combat training.

Cruel treatment in the military may be recognized through the victim's statement, an internal report, or an external tip, after which it can proceed to investigation by the military police, the military prosecutor's decision on whether to indict, and trial proceedings before the military court.

Below is the investigation and handling procedure for cruel treatment that generally proceeds within the military.

Let us examine how to respond to cruel treatment in the military.

▶How the victim may respond

1. Record immediately: leave notes recording the time, place, offender, and specific details

2. Secure evidence: secure KakaoTalk messages, text messages, call recordings, photographs of injuries, medical certificates, and statements from surrounding colleagues

Securing the consistency and specificity of the record is important.

▶How the offender may respond

1. Maintain calm and consistent statements

Once an investigation begins, many people make false or exaggerated explanations out of a desire to deny the facts.

However, because investigators analyze the context of statements, the statements of the victim and witnesses, and the evidence in a comprehensive manner, consistency is important.

You should state the facts centered on why such words were said, what the situation was, and what the intent was.

The most important issue from a criminal standpoint is whether the conduct was for the purpose of maintaining discipline or was violence based on personal emotion.

Therefore, it is advisable to secure supporting materials (such as a duty log and records of life guidance) that can emphasize a legitimate intent at the level of command or guidance.

2. Prepare evidence and materials for favorable consideration

You should secure objective materials that can explain the circumstances at the time of the incident.

Please prepare messenger conversations, photographs, videos, and life records that can demonstrate the relationship with the victim, ordinary interactions, and the atmosphere at the scene.

You may request statements from colleagues or junior members to explain that your attitude was neither excessive nor malicious.

You may argue grounds for mitigation through factors such as whether it is a first offense, merits during military service, and leniency in similar cases.

Representative examples include a letter of remorse, a petition for leniency from family, and a petition from a commander.

Let us examine the key points in defending against cruel treatment in the military.

▶Defense strategy for the victim's side

1. Framing the issue of whether cruel treatment is recognized

-In response to the argument that the conduct was for the purpose of maintaining discipline, demonstrate that the specific conduct departed from proportionality and legitimacy
-Emphasize intent and repetition through the consistency of statements, mental harm, and multiple testimonies

2. Emphasizing grounds for aggravated punishment

-Repeated assault, continuous insults, and ignoring transfer requests operate unfavorably in sentencing
-In addition to physical harm, emphasize mental suffering (such as depression and panic disorder) by attaching medical certificates

▶Defense strategy for the offender's side

1. Denying intent and arguing mutual conflict

-It may be argued that the matter was not cruel treatment but mutual conflict or a difference in military culture, although credibility is judged according to the evidence and attitude

2. Submitting materials such as proof of a first offense, a letter of remorse, and a settlement agreement

-Identify and submit factors for reducing the sentence

Cruel treatment in the military is not a problem that can be packaged as merely part of "military culture."

It is clearly subject to criminal law and is a human rights violation, and it must be contested and corrected through legitimate procedures and means.