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Q

I am facing a military disciplinary committee.. Should I retain an attorney?

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I am serving as a career soldier. Recently, while drinking with friends, I got into an altercation and became subject to an assault charge. Perhaps because of my status as a soldier, I am told that I will be punished through a military court and also disciplined by a military disciplinary committee. The trial result has not yet come out, but I am worried because I am told I could be removed from my position or even dismissed. It would be good to retain an attorney, right?

Military disciplinary committee

Military discipline

A

Answer to Related Inquiry

You are in a situation where, as a career soldier, you have become involved in an assault charge and are facing a military disciplinary committee.

If a soldier becomes involved in an assault case with a civilian, as in your situation, he may not only face criminal punishment but also lose his job.

You may be punished under the crime of assault by imprisonment for up to 2 years or a fine not exceeding 5 million won, and even if only a suspended sentence is handed down, a military disciplinary committee often imposes a disposition of removal or dismissal.

Moreover, crimes such as assault and infliction of bodily injury may be judged as a violation of a soldier's duty to maintain dignity, so there is a possibility of referral to a military disciplinary committee.

In such a case, it is advisable to promptly seek the assistance of an attorney specializing in military matters who has extensive experience with soldiers' criminal cases and to establish a strategy.

At Daeryun Law LLC, we investigate and collect relevant evidence such as CCTV footage from the time of the incident, secure witness statements, and present solutions that can help with the client's sentencing.

In addition, if an unreasonable disciplinary action is received from a military disciplinary committee, we collaborate with an attorney specializing in administrative law to file an appeal for review and obtain a decision that mitigates or cancels the disposition.

We understand that you feel very anxious as you face the military disciplinary committee.

If you request a consultation with our firm, which has dozens of offices nationwide, including in military garrison areas, and enables collaboration between attorneys specializing in criminal law and attorneys specializing in military matters, we will provide a one-stop legal service that places the client's interests first.

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Attorney Cheol Kim

Cheol Kim

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