C) The Need for Active Efforts by the State to Eradicate Irregularities in the Military
Soldiers are citizens in uniforms, and the state has an obligation to actively protect the
basic human rights of soldiers performing their national defense duties. It has been evaluated
that the situation of human rights violations in the military has improved due to the recent
legal and institutional measures taken to protect the human rights of soldiers and changes in
the environment. However, even in 2022, shocking cases of irregularities are occurring in
the military, and there is a large gap in the recognition of the military human rights status
between civilian and military authorities. As the interest in human rights and the desire to
guarantee human rights increase, expectations are high for the method of personal education
and training in the military, but the improvement in the military life seems to be unable to
keep pace. In particular, the civilian concerns about the irregularities and human rights
violations that can occur in basic army life have not been resolved, and it is also worth noting
that whenever an incident occurs within the military, the military authorities show a
defensive attitude, which in turn leads to high external distrust of the military.
The UN Human Rights Committee also expressed concern to the Korean government in
2015 about the high number of cases of sexual violence and physical and verbal assault in the
military, and that only a small number of such cases were recorded and prosecuted. It also
expressed the opinion that perpetrators should be brought to justice and punished through a
full and fair investigation into allegations of abuse in the military, rather than by simply
excluding or dismissing the perpetrators from service. As an overseas example, the US
military declared ‘combat hazing’ along with the revision of the army service discipline in
2013 to reflect the cases of Harry Lu and Danny Chen, who died in 2011 due to collective
harassment, leading to beatings in the military. Measures were implemented to eradicate
harsh behaviors by implementing heavy punishments for the crimes.384)
Not only should the military have to narrow the distance from society, but active efforts
are needed to improve the irregularities within the military culture rather than a vague
forecast that the irregularities and human rights violations within the military will decrease
eventually. It is necessary to continuously educate soldiers from the beginning of the service
that they can be punished even after they are discharged from the military for crimes, such as
cruelty and assault, which occurred in the military, and in fact, it is important to properly
384) Weekly Sisa, Why do Korean sons continue to suffer harsh treatments?, Sep. 2, 2020.
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