[The Power = Reporter Choi Soo-young] Cases of military sexual assault are increasing every year, emerging as a social problem. In fact, according to data released by the Ministry of National Defense, the number of rape and molestation cases between soldiers increased by 68.3%, from 405 cases in 2018 to 682 cases in 2021.
The military is a major institution with great social responsibility for national security, and its political independence is guaranteed and responsibilities commensurate with its authority are granted. However, because the military is a special organization driven by class, individual rights are often ignored or neglected, which often leads to situations where damage is amplified.
However, it has been consistently pointed out that absurdities and incorrect dispositions are difficult to correct in reality because the authority to investigate and trial military-related crimes was not in civilian investigative agencies or courts, but rather in military prosecutors, military legal police, and military courts, which are organizations within the military.
After the amendment to the Military Court Act, which was designed to overcome these limitations, was implemented, civilian judicial institutions were responsible for the investigation and first trial for sexual crimes, cases in which the victim died, and crimes committed before enlistment, even if the crime occurred within the military.
Although it is said that independence in the investigation and trial process has been secured through the amendment, military criminal cases, including military sex crimes, are subject to military criminal law rather than general criminal law first when punishing criminal cases. In cases of crimes not specified in the military criminal law or when the victim is a civilian, the criminal law and other special laws are applied.
In particular, sexual crimes committed by soldiers against other soldiers are severely punished under the Military Criminal Act because they are serious offenses that violate individual sexual freedom and undermine military discipline. Civilian rape is punishable by more than 3 years in prison under the Criminal Act, but rape under the Military Criminal Act is punishable by more than 5 years in prison.
Attorney Jo Woo-ri of Daeryun Law Firm (Lihan) advised, “If you have been unfairly involved in a military sexual crime case, it is best to find a proactive solution to protect your rights, but it is necessary to seek the help of a military lawyer considering the special nature of the related crimes to which the Military Court Act applies.”
View full article - Military criminal law applies to military criminal cases such as military sex crimes, and if there is an unreasonable misunderstanding, a prompt and professional response must be taken.
