Issue 13. Violence in the Military
60. The number of complaints filed with the NHRCK concerning human rights violations in
the military is steadily increasing.58 Meanwhile, in 2021, master sergeants in the Air Force
and the Navy, both victims of sexual violence, committed suicides after suffering from
victimization. In response, a joint civilian-government-military committee was formed, and it
adopted 21 recommendations including measures to prevent sexual violence and protect
victims in September 2021. Nevertheless, the suicide death of a sexually assaulted Naval
senior master sergeant occurred in 2023, which indicates that the Military Sexual Misconduct
Prevention and Response Center may lack expertise and the victimization still persists in the
military.59
61. In 2022, significant changes were made to the military human rights protection system:
the creation of independent military human rights protector and the reduction of military
judicial institutions. Human rights violations such as violence, ill treatment and sexual
violence, as well as subsequent gun accidents, deaths and suicides, have not ceased to occur
in the military. Social concerns for human rights abuses have been raised constantly, and
voices for stronger external control and surveillance on the military have grown.
62. Consequently, the National Human Rights Commission of Korea Act was amended to
install a military human rights protector within the NHRCK, who is responsible for
investigating human rights violations and discrimination in the military, taking corrective
measures and making policy recommendations if necessary, starting from July 2022.
63. Previously, the military judiciary institutions were in charge of conducting investigations
and trials for crimes involving military personnel. Since July 2022, with the amendment of
the Military Court Act, civilian judicial institutions have come to govern investigations and
trials of particular cases: sexual violence crimes, crimes involving deaths, crimes that have
caused deaths during military service, and crimes committed before enlistment. In addition,
the Military High Court was abolished, and thus appeals of military cases are transferred to
civilian courts. However, concerns have been raised that the purpose of such amendment of
the Military Court Act might be lost as the military police is still responsible for investigating
the crime of victimization, which is practically an extension of sex crime, under the Military
Investigation Guidelines jointly developed by the Ministry of National Defense and the
Korean National Police Agency.
64. Proposed recommendation: The State party should enhance the system and procedures
for conducting transparent and fair investigations of human rights violations and sexual
violence within the military. It should also make efforts to reinforce the human rights
protection system and expand a culture that respects human rights in the military.
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