Legal Q&A

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

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 action attorney, among military disciplinary actions, is the confinement (yeongchang) system still in effect?

I am curious whether the confinement system is still in effect. I heard that in the past it was used as a military disciplinary action and was a system in which soldiers were locked up in confinement. However, there is also talk that it was recently abolished, so I am confused. Military disciplinary action attorney, please answer whether other methods are being used for military discipline or punishment, or whether the confinement system still remains.

In military assault, is the level of punishment different for assaulting a superior and assaulting a sentry?

I am asking because I do not know much about the military or the law. In the context of military assault, I have heard the terms assault of a superior and assault of a sentry, but I am not sure what the difference between the two is. The act of assault is the same, so I am curious whether there is a difference in how the two are punished or in the sentence. I would appreciate a detailed explanation. Thank you!

I am a soldier who engaged in prostitution... will I receive aggravated punishment for a military sex crime under the Military Criminal Act?

It is embarrassing, but I engaged in prostitution while serving in the military. I am worried that I might receive a heavy punishment for a military sex crime because of this. I am curious whether I can receive aggravated punishment for prostitution under the Military Criminal Act... I am so anxious that daily life is difficult right now... In such a situation, I would appreciate detailed advice on how to respond. Thank you!

Are there cases where even a person who is not a soldier is subject to the Military Criminal Act?

Hello. I am a student studying with the goal of becoming a military civilian employee. A question arose while studying, so I am asking. Is punishment under the Military Criminal Act imposed only on soldiers? Even if military civilian employees who work in the military are included, under what law are people such as military academy students punished? And people in the reserve forces are civilians, so can such people also be punished under the Military Criminal Act?

I am being investigated on suspicion of unauthorized absence from the military.. what punishment is imposed?

Recently, while returning to my unit after finishing my leave, I played games at an internet cafe and ended up exceeding my return time.. So I am being investigated, and I heard the situation could become serious. I am very worried because they said a charge of unauthorized absence from the military could apply. What punishment will I receive going forward?

Military trial attorney, please answer. What are the procedures for a military criminal lawsuit and a military trial?

Hello, I became involved in a military criminal case during my military service, and I am very flustered and worried right now. While being investigated, I became curious about how a lawsuit or a military trial procedure proceeds. It seems it will be different from an ordinary criminal case… I wonder how it is handled in a military court… I am so scared right now that I cannot even sleep properly. Military trial attorney, I would appreciate a quick answer!

I am to undergo a military police investigation; can I receive legal consultation within the military?

I am very worried because I am to undergo a military police investigation in the military. I am curious about whether I can receive legal consultation within the unit at such a time. I am not sure whether a judge advocate can provide legal advice or whether I have to receive consultation through an outside attorney. I am curious about what kind of support I can receive in such a situation, so I would appreciate your advice.

Active-duty service suitability review... it is an unfamiliar term. What is it?

Recently, among the officers, I heard that a certain person was subject to a ‘military active-duty service suitability review’? Or an ‘officer suitability review’? Because it was the first time I had heard the term, I was curious about what it means. When I looked it up, it appears to be an abbreviation for the ‘review of suitability for active-duty service for military officers,’ so which officers become subject to this review? I would also like to know what measures are taken depending on the results of the review.