CONTENTS
- 1. The Client's Situation
- - Ulsan Law Office: The Circumstances of the Case as the Client Recounted Them
- - Information on the Duty to Maintain Dignity as Military Personnel, Explained by the Ulsan Law Office
- 2. The Ulsan Law Office's Assistance
- - The Client Acknowledges His Remark and Shows Remorse
- - The Client's Remark Does Not Constitute Sexual Harassment Under the Military Criminal Act
- 3. Result of the Ulsan Law Office's Assistance: Defended to a One-Month Salary Reduction
- - Military Discipline: Receiving the Help of a Military Attorney Is Advantageous
1. The Client's Situation
This client was military personnel. He had made sexually harassing remarks toward a female fellow soldier and, having been reported for violating the duty to maintain dignity as a result, requested Daeryun's assistance.
Ulsan Law Office: The Circumstances of the Case as the Client Recounted Them
The Ulsan law office listened to the circumstances under which the client came to face disciplinary action.
The client was serving as a noncommissioned officer in the military.
At a company dinner, a female civilian military employee spoke about her relationship with a former boyfriend, and the client thought this meant she wanted to have sexual intercourse with him.
So the next day, he went to the other person's quarters and asked whether she wanted to have sexual intercourse with him.
However, the other person stated that the client seemed to have misunderstood and that she had not wanted to have sexual intercourse.
Feeling ashamed, the client tried to apologize to the other person several times, but she had already reported the client for sexual harassment.
Referred to a disciplinary committee as a result, the client requested the assistance of the Daeryun Ulsan law office in order to receive the lowest possible disciplinary measure.
Information on the Duty to Maintain Dignity as Military Personnel, Explained by the Ulsan Law Office
Military personnel are assigned a total of seven duties. Diligence, integrity, obedience, strict confidentiality, the prohibition against leaving one's unit, the maintenance of conduct, and fairness are the duties that fall within this category.
Among these, a case like the client's, in which a person is referred to a disciplinary committee for sexual harassment, falls under 'violation of the duty to maintain dignity as military personnel'.
The related law is as follows.
Military Personnel Management Act Article 56 If a member of the military violates the Military Personnel Management Act or an order issued under the law, commits an act that damages dignity, or violates an official duty or neglects his or her duties, a disciplinary measure shall be imposed. |
🔗 Learn About the Types of Heavy Disciplinary Measures for Military Personnel
2. The Ulsan Law Office's Assistance
The Ulsan law office did its utmost to help the client receive the lowest possible disciplinary measure.
To this end, it listened closely to the circumstances on the day of the incident and argued the following before the panel.
The Client Acknowledges His Remark and Shows Remorse
The client acknowledged the fact that, through a momentary lapse in judgment, he had asked whether she wanted to have sexual intercourse,
and argued that he had sincerely shown remorse and apologized to the other person, who had felt sexual humiliation and revulsion because of this remark.
The Client's Remark Does Not Constitute Sexual Harassment Under the Military Criminal Act
Looking at the interpretation of 'sexual harassment' as defined in the Enforcement Rule of the Military Disciplinary Decree, in a work, employment, or other relationship, a worker of a public organization, an employer at the workplace, a superior, or a worker must 'use his or her position or status or be related to the work,' there 'must be sexual words or conduct,' and 'the other party must have felt sexual humiliation or revulsion' for it to apply.
However, the attorney argued that the client's remark had no relation whatsoever to work and that, since his relationship with the victim was that of a workplace colleague on an equal footing, he had not used his status, so it did not constitute sexual harassment.
3. Result of the Ulsan Law Office's Assistance: Defended to a One-Month Salary Reduction
As a result of the Ulsan law office's assistance to the client, the client was able to conclude the case with a one-month salary reduction, the lowest disciplinary measure.
Military Discipline: Receiving the Help of a Military Attorney Is Advantageous
If, like the client above, one is involved in a sexual offense while holding the status of military personnel, the Military Criminal Act applies rather than the general Criminal Act, and aggravated punishment is imposed.
Therefore, it is recommended to receive the help of an attorney as soon as possible in order to clear the charge.
Daeryun Law Firm operates a National Defense and Military Group and promptly establishes assistance tailored to the situation of military clients.
In addition, consultation is available 24 hours a day, so please contact the Daeryun 🔗Ulsan law office at any time outside of working hours.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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