Min Hyungbae: "Mandatory Reporting of Illegal or Unjust Orders for Soldiers"

Amendments to the “Military Service Basic Act” and “Military Criminal Act” Proposed
Mandatory reporting and punishment for unjust orders introduced
Explicit guarantee of the right to refuse illegal or unjust instructions

Min Hyungbae, Member of the National Assembly.

A bill has been proposed to establish mandatory reporting and grounds for punishment, allowing soldiers to refuse illegal or unjust orders.

On the 7th, Min Hyungbae, a member of the Democratic Party of Korea (representing Gwangju Gwangsan-eul), proposed the “Military Service Basic Act Amendment” and the “Military Criminal Act Amendment” as follow-up measures to the December 3 Yoon Sukyeol rebellion incident.

The amendment explicitly states the “right of soldiers to refuse illegal or unjust instructions from superiors.” In particular, the Military Criminal Act Amendment introduces mandatory reporting and punishment regulations for unjust orders, including: ▲ orders that are clearly illegal ▲ orders that violate human dignity and human rights ▲ orders given solely for private purposes. The aim is to ensure that soldiers remain faithful to their fundamental mission of loyalty to citizens and the nation.

Previously, during the rebellion on December 3 last year, many soldiers followed unconstitutional orders from the martial law forces, storming the National Assembly and the National Election Commission in attempts to seize control of these institutions. This occurred because there were no separate regulations allowing soldiers to disobey illegal orders from superiors.

Min stated, “If the amendment passes, soldiers will be able to raise objections or refuse illegal or unjust orders from superiors,” adding, “By establishing mandatory reporting and punishment grounds for unjust orders, we must prevent unfortunate incidents like the December 3 rebellion from ever happening again.”