www.humanrights.go.kr
they violated the soldiers’right to rest, despite the fact that the purpose of the punishment might
be justified. It also recommended that the Commander of the Army XX Division conduct a
thorough review of the XX Service Corps programme in one of its regiments that implemented
the punishment.
The XX Service Corps has been operated since 2012, comprising of soldiers who have
violated rules. Between January and July of 2016, a total of 143 soldiers were involved in the
corps, with an average of 20 or so persons a month committed to various tasks such as drainage
work, weed removal, and cookhouse cleaning for about three hours from 9am to noon on
Saturdays.
drills fell within the realm of his right of command. However, the fact that punishment was not
volunteer activities was not in line with the intent of the punishment that “the punishment should
not be a pain for the punished.” Also, the practice infringed upon the soldiers’right to rest by
controlling their weekend rest, leave, or off-post overnight stay.
Also, unlike what the name “Service Corps” implies, most soldiers who experienced it viewed
it as a disciplinary unit. There were also concerns that the cadre (officers and non-commissioned
officers) could resort to arbitrary interpretation due to the lack of clear regulations or information
on what constituted prohibited actions.
● Korea Military Academy cadets’group chatrooms required to invite a discipline instructor
The Commission determined that the requirement for Korea Military Academy cadets to
mandatorily invite a discipline instructor in their smartphone messenger chatroom when three or
more members were present is a violation of the freedom and privacy of personal life guaranteed
under Article 17 of the Constitution. Hence, on 27 December, it recommended that this rule be
addressed by the Superintendent of the Military Academy.
An interview with academy cadets revealed that a discipline instructor had remarked, “it
has been almost two weeks since I’ve asked you to invite me to your group chatrooms and to
remove all chatrooms without a disciplinary instructor, and I haven’t seen any action. Cadet
Company commanders must remove these chatrooms or invite a discipline instructor.” He
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Commission's Major Activities
given immediately upon discovery of a violation, but rather was organized on the weekend as
Part II
The Commission viewed that regiment commander’s order for holding on-post disciplinary