Annual Report 2013
R. Recommendation on Improving the Institution of Disciplinary
Detention in Military Jail
According to the 2006 revision of the Military Personnel Management
Act, the requirements and procedure of the action for detention in military
jail were improved. Since then, however, it has been frequently pointed
out that treatment for disciplinary detention and unconvicted detention is
almost the same, and that there are, accordingly, concerns over human
rights violations. In response, the NHRCK reviewed possible alternatives
for improvement.
Disciplinary detention in the military means accommodation of those
soldiers who receive administrative punishment in the jail which is for
the custody of the unconvicted. For this reason, it has been pointed out
that disciplinary detention is against the principle of due process of law
and warrant principle. The Ministry of National Defense, in response,
revised the Military Personnel Management Act to make the following
improvements in disciplinary detention requirements and procedure:
improving the clarity of reasons for disciplinary actions; making sure
that the doctrine of exhaustion of administrative remedies to promote
the prevention of misuse of disciplinary detention in military jail;
establishing the legality review process by the military judicial officer;
establishing a mandatory system for the family members of the soldier
subject disciplinary detention in military jail to be informed of such a
fact; guaranteeing the right of statement of the soldier subject to
disciplinary action during the disciplinary procedure; and granting a
stay of execution when an appeal is filed against the disciplinary action
56 ▪▪▪ Part
II. Major Activities of the Commission