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Violation of the Military Secret Protection Act.. What is the level of punishment?

I was recently discharged from the military. There was a notebook that the military had handed out, and without thinking much of it, I showed it to my girlfriend and even let her take photos of it.. But my girlfriend posted those photos on social media, and I received a call telling me to undergo an investigation for violating the Military Secret Protection Act. I did not even know that this notebook was a military secret. Will I really be punished? I am so worried, please help me.

Military Secret Protection Act

Answer

Published: 2025-06-04

Author : DongIl PARK

Hello. This is a military criminal law attorney at Daeryun Law LLC.

You are facing the risk of punishment on charges of violating the Military Secret Protection Act.

Under the Military Secret Protection Act, a person becomes subject to punishment when they leak military-related documents, drawings, or similar materials that are not known to the general public and whose disclosure could pose a risk to national security.

Although it is not possible to know what information the notebook you have contains, if it contained material that constitutes a military secret, the charge under the Military Secret Protection Act may be established.

Under the Military Secret Protection Act, a person who handles or has handled military secrets in the course of their duties and who leaks to another person a military secret that they came to know or possessed in the course of those duties is subject to imprisonment for a definite term of at least three years.

You should note that, when a sentence of imprisonment is imposed, suspension of qualifications for a period not exceeding the maximum term of that sentence may also be imposed concurrently.

In your situation, it appears that there may be room for a reduction of sentence only if the following strategies are used.

▶Emphasizing that you were not aware that it was a military secret
▶Emphasizing that there was no intent to leak a military secret
▶Emphasizing that, even if the contents of the notebook were disclosed, there is no risk of posing a threat to national security
▶Emphasizing that, immediately upon receiving the investigation contact, you deleted your girlfriend's post and deleted all of the photos
▶Emphasizing that you fully acknowledge the offense and are showing remorse

In addition, it is advantageous to consult with a military criminal law attorney about the case and then obtain a solution suited to the matter.

An attorney can not only prepare a strategy for you but also accompany you throughout the investigation process to help pursue a favorable outcome.

You may wish to visit a nearby Daeryun branch office and request a consultation.