Forcing Junior Soldier to Do Burpee Test and Take Cold Showers... Disciplinary Action or Military Abuse?

First Trial: "For Disciplinary Purposes," Not Guilty
Appeal: "Humiliation and Abuse of Power," Guilty
Fine of 7 Million Won Imposed Considering First Offense and Remorse

A soldier at a military unit in Goseong County, Gangwon Province, was found guilty in the appellate court for forcing a junior soldier to do the "burpee test" and take cold showers.

A soldier who forced a junior soldier to do the 'burpee test' and take cold water showers was found guilty in the appellate court (photo is for illustrative purposes and unrelated to the article).

The Criminal Division 2 of the Chuncheon District Court (Presiding Judge Kim Seongrae) recently sentenced A (23) to a fine of 7 million won on charges of abuse. This completely overturned the first trial's verdict, which had acquitted A.

According to the court, in early January 2023, A ordered junior soldier B to perform 100 repetitions of the so-called "burpee test" in the barracks, stating that he did not like B. B stopped after about 40 repetitions, but A reportedly verbally abused him, taking issue with this.

On February 5, before bedtime, A sprayed water on B in the shower room and ordered him to state his name and rank, then switched the shower to cold water, making B endure cold water for about 10 seconds. That same night, during lights out, A shone a flashlight close to B's face and instructed him to "open your eyes wide."

The next afternoon, A verbally abused B for not properly relaying the information about the sentry duty shift, and ordered B to do about 40 push-ups, telling him to "keep doing push-ups until you remember the answer I want."

Due to these actions, B filed a complaint, citing psychological and physical distress. The military prosecution indicted A on charges of "abuse of power resulting in cruel acts."

The first trial, presided over by Judge Kang Myeongjung of the Yeongwol Branch of Chuncheon District Court, Criminal Division 1, ruled that "the acts appeared to be disciplinary measures for guidance, and the number of repetitions was not excessive," and acquitted A. The court also noted that "other soldiers who experienced similar situations perceived them as pranks," and judged that "the victim may have been particularly sensitive." However, A was found guilty of fraud for purchasing food at the PX using the junior soldier's card, and the court deferred a fine of 300,000 won.

However, the appellate court reached a different conclusion. The court stated, "Within the military hierarchy, it is difficult for a subordinate to resist a superior’s orders," and added, "It is clear that A committed cruel acts by using his senior status to inflict physical pain and humiliation on his junior."

The court further pointed out, "Forcing the victim to take a cold shower cannot be regarded as a mere prank and constitutes an infringement on the victim's dignity," emphasizing that "this cannot be considered legitimate military discipline." The court also noted, "Military discipline must be carried out with the approval of a commanding officer, but A's orders were merely private punishment."

The appellate court explained its sentencing decision by stating, "The psychological and physical harm suffered by the victim was not minor," but "considering that A is still young and a first-time offender, a fine is appropriate." As a result, A, who had been acquitted in the first trial, was found guilty in the appellate court and sentenced to a fine of 7 million won.