Military disciplinary action and response methods explained by a lawyer

The military is an organization that operates based on special discipline and hierarchy. The command system is clear and assumes absolute obedience to orders, and all members maintain order and discipline through group life. Due to these characteristics, strict standards are applied to discipline for various violations that occur while serving.

The level of disciplinary action is determined depending on the degree of misconduct, and soldiers may receive reprimands, probation, vacation restrictions, pay cuts, military discipline training, and demotion. On the other hand, professional soldiers are subject to sanctions ranging from light punishment such as reprimand, probation, and pay reduction to more severe punishment such as suspension, demotion, dismissal, and dismissal.

The Military Justice Act stipulates that soldiers will be disciplined if they violate or neglect their duties. Examples of this include failing to follow instructions, insulting superiors, and refusing orders. In addition, even if it is an issue unrelated to the job, such as drunk driving, infidelity, or inappropriate use of social media, disciplinary action may be taken if it is judged to be a violation of maintaining dignity.

This mainly becomes a problem when criminal punishment is received, such as assault, sexual offenses, and drunk driving. For example, if a soldier commits drunk driving, not only will he be criminally punished under the Road Traffic Act, but he will also be subject to disciplinary action for violating the duty to maintain dignity. Especially these days, a lot of attention is needed as many cases of severe disciplinary action have been confirmed for problems in the private sphere, such as adultery or inappropriate use of social media.

Military disciplinary action does not simply affect the service itself. In particular, in the case of professional soldiers, disciplinary records have a significant impact on their entire military career, including promotion and assignment. Even if you only receive a light disciplinary action such as a reprimand, probation, or pay reduction, it can cause you to miss out on a promotion or fail the long-term service review, and if you receive a severe disciplinary action greater than suspension, your career will virtually come to a halt. Not only must they undergo a screening for unsuitability for active duty service, but upon dismissal or dismissal, they are subject to restrictions on public employment for 3 years and 5 years, respectively, and their severance pay is reduced by 25% and 50%. For a professional soldier for whom military service itself is the core of his career, military disciplinary action can be a fatal blow to his entire career.

In the case of ordinary soldiers, military disciplinary action is often taken lightly because their service period is limited. However, it is not an issue to be taken lightly in that if you are discharged as a corporal after receiving a severe disciplinary action, such as a 'demotion', you may be negatively influenced by some public institutions or private companies, and it may serve as a disadvantageous stigma in the long term.

The military disciplinary process is carried out through a disciplinary review committee after a factual investigation. At this time, the person subject to disciplinary action has the right to submit sufficient explanatory materials prior to deliberation, and may claim during this process that his or her actions do not fall under the grounds for disciplinary action or that there are extenuating circumstances.

If you believe that the decision made by the disciplinary committee is unreasonable, you can seek relief through an appeal. An appeal must be filed within 30 days from the date of notification of the disposition, and if the disciplinary action is deemed illegal or unfair as a result of the review, it may be overturned or the punishment may be reduced.

If you are not satisfied with the result even after appeal, you can respond through administrative litigation. In particular, if you have received severe disciplinary action such as dismissal, dismissal, or demotion, there will be a greater need to file a lawsuit to cancel the disciplinary action and receive a court decision. In this case, the court comprehensively reviews the facts of the reason for disciplinary action, the legitimacy of the disciplinary procedure, and the proportionality and appropriateness of the penalty.

Lawyer Seo In-ho of Daeryun Law Firm in Chuncheon said, "If you are at risk of disciplinary action, it is a good idea to get help from a military lawyer from the beginning, prepare all supporting materials during the disciplinary review process, and seek a solution based on your rights and procedural legitimacy." He added, "In cases that require agreement with the victim, it is advisable to resolve it with the help of a military lawyer due to the issue of secondary harm."

[Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr]

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