Military Law Attorney | Defended a Service Member Who Violated the Military Secret Protection Act, Resulting in a No-Prosecution Decision

This is the account of a client who came to the military law attorney.

The military law attorney's client stated that they were an active-duty service member, and the client sought the support of the military attorney after being accused of violating the Military Secrets Protection Act.

The charge against the client was that they had disclosed military secrets by posting on personal social media a notebook containing the contents of military secrets.

While the client acknowledged the conduct itself, they came to the military attorney believing that there were unfair aspects to the case.

■ Military Secrets Protection Act, Article 2 (Definitions)

The terms used in this Act are defined as follows.

1. The term “military secret” means a military-related document, drawing, electronic record or other special-media record, or object that is not known to the general public and whose disclosure would risk causing a clear danger to national security, where it has been marked or notified as a military secret or where the measures necessary for its protection have been taken, as well as the contents thereof.

■ Military Secrets Protection Act, Article 12 (Disclosure)

(1) A person who detects or collects a military secret and discloses it to another person shall be punished by imprisonment for a definite term of at least one year.

The military law attorney's client was said to have violated the Military Secrets Protection Act, and military secrets are governed by the Military Secrets Protection Act.

Because the client had posted on personal social media a notebook containing the contents of military secrets, the charge of disclosing military secrets applied, and the client faced the serious risk of being punished by imprisonment for a definite term of at least one year, with no option of a fine.

In order to prevent the client from being punished, the military law attorney proceeded with the defense as follows.

After hearing the military law attorney's arguments, the Prosecution Division of the Ministry of National Defense issued the following disposition regarding the client.

The indictment of the suspect is suspended.

Although all of the suspected facts against the client were acknowledged, the disposition to suspend the indictment itself was issued in consideration of the matters argued by the military law attorney.

Because the military attorney's client had leaked military secrets that are strictly protected under the Military Secrets Protection Act, the client faced the risk of serious punishment.

However, with the assistance of the military law attorney, the client was able to overcome that situation.

When a person is subject to a military prosecution investigation, as in the case of this client, it is advisable to seek the assistance of a 🔗specialized attorney with extensive experience handling military-related cases, including matters involving military prosecutors and military judges.

The military attorney draws on accumulated experience to assist with clients' cases.

If you need to respond to a military prosecution investigation, you are welcome to contact the National Defense and Military Group of Daeryun Law Firm to seek assistance.