The National Human Rights Commission of Korea has recommended that the Ministry of National Defense inform victims of disciplinary procedures against perpetrators when abuse occurs in the military.
On June 16, the commission announced that it had advised the Minister of National Defense to amend the Military Personnel Act and the Military Civilian Personnel Act so that victims can be informed of the entire disciplinary process when a soldier or military civilian is subjected to disciplinary action for workplace abuse.
This recommendation was made in response to a petition filed with the commission by an Air Force soldier who was subjected to verbal abuse in the military and claimed that he was not notified of the disciplinary procedures against the perpetrators.
After reporting four colleagues who had committed verbal abuse and other forms of mistreatment last year, the victim was told by an investigator to "wait for further contact," but did not receive any additional communication. Later, upon hearing through a unit broadcast that one of the perpetrators was being discharged, the victim inquired with a legal affairs officer and was told, "The disciplinary process is over, and there is no obligation to inform you."
The unit explained to the commission that there is no legal obligation to notify victims about the progress of disciplinary procedures against perpetrators. Under the Military Personnel Act and the Military Civilian Personnel Act, only victims of sexual crimes or sexual harassment are required to be informed about disciplinary procedures.
The commission stated, "Considering that there is no obligation to notify victims of the results of disciplinary actions except in cases of sexual crimes or sexual harassment, the unit is not required to inform the victim soldier of the entire disciplinary process." However, it also determined that "notifying victims of workplace harassment of the results of disciplinary actions against perpetrators does not significantly restrict the perpetrators' right to defense, so it is necessary to establish a legal basis for sharing the progress of disciplinary procedures."
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