Soldier Assaulting Comrade at Deployment Base Claims "Overseas Station Is Not a Military Base" [Seocho-dong Legal Story]

7-Year-Old Military Peer Continuously Assaulted Then Settled
"Overseas Deployment Sites Are Not Military Bases Under Military Criminal Law,"
"'Non-Prosecution by Victim' Rule Should Apply," Claimed
Court: "Overseas Bases Are Military Bases Under Military Criminal Law"

Private First Class Lee (27) and A (20), who enlisted in 2019, met as comrades in the same unit. Lee, who was seven years older, continuously bullied A. Lee cited various reasons such as "crossing arms while watching TV," "sitting and blocking the TV," and "not responding properly," repeatedly punching A's abdomen and forearms and strangling him. The assault continued even when they were deployed together to the Bor Giji reconstruction support team in South Sudan, Africa (Hanbit Unit). The Hanbit Unit is an engineering-focused unit of about 300 personnel dispatched since 2013 at the request of the United Nations (UN).

Thanks to fellow soldiers who could no longer stand to watch A suffer and reported Lee, Lee faced criminal trial. The first trial was held in a military court, and Lee was sentenced to a fine of 500,000 won. The military judge stated, "Violent crimes within the military undermine the morale and combat power of the entire military and disrupt military discipline. The defendant continuously bullied and assaulted a victim seven years younger despite being comrades. The assault occurred even while carrying out the grave mission of overseas deployment in a foreign country." Lee claimed, "It was just a simple prank, not actual assault," but this was not accepted.

During the second trial at the Seoul High Court, Lee emphasized, "I have reached a settlement with the victim, and the victim expressed that they do not want punishment." He also argued, "According to military law, assaulting a soldier at a 'military base' should be punishable, but 'overseas deployment sites' are not included in the definition of military bases." His logic was that assault under general criminal law is a semi-indictable offense that cannot be prosecuted without the victim's consent, and since the Hanbit Unit, an overseas deployment site, is not a military base, general criminal law applies, meaning he should not be subject to punishment.

However, the second trial court dismissed Lee's appeal, stating, "The semi-indictable offense provision cannot be applied." The court explained, "According to relevant laws, a military base means a 'military base of the Republic of Korea Armed Forces,' regardless of whether it is domestic or overseas." The Hanbit Unit is a Republic of Korea military unit dispatched with the consent of the National Assembly, established as a base to station in the mission area, operated based on the Republic of Korea's budget, and managed by Republic of Korea military personnel. The defendant's claim that it cannot be considered a military base is unacceptable." The court judged that even if the base for military operations is outside the territory of the Republic of Korea, it is no different from other Republic of Korea military bases in that it is a place where strict hierarchical order and long-term military service obligations are required.

The Supreme Court also agreed with this judgment. According to the legal community on the 11th, the Supreme Court's First Division (Presiding Justice Park Jeong-hwa) recently confirmed Lee's guilty verdict, stating, "There is no error in the second trial's interpretation of the meaning of a military base under military law."