Ulsan Law Office's Assistance Case | Assisting a Client Charged With Violation of the Duty to Maintain Dignity as Military Personnel, Successfully Defended to a One-Month Salary Reduction

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.

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.

🔗 Learn About the Types of Heavy Disciplinary Measures for Military Personnel

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.

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.

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.