period, from 2012 to 2021.435) Meanwhile, from 2015 to 2019 (five years), 57 cases were investigated for violating this provision, and 1 case was sentenced to imprisonment and 10 cases were suspended.436) This provision was used to prevent a vacuum in punishment when sexual assault crimes in the past were stipulated as offenses subjected to victim’s complaints, or when the victim withdrew the complaint in the context of the military and was unable to apply the sexual assault punishment provisions, or cases where it is difficult to prove coercion.437) However, as the provisions on the indecent act by force and quasi-indecent act were newly included in the Military Criminal Act in 2009, and as the provision on quasi-rape was also added in 2013, this provision mainly served the function of punishing same-sex sexual acts conducted on a mutually consensual basis,438) and exposed the following problems. First is a problem related to the principle of clarity of the principle of legality. This provision does not provide any standards as to the level of obscenity that can be considered ‘other indecent act.’ The Constitutional Court considered ‘other indecent acts’ as ‘acts of sexual gratification between soldiers of the same sex who have not reached the penetration,’ and ruled that the sexual intensity of the act may be less than that of penetration (anal intercourse). In other words, the perpetrator cannot foresee whether acts of light kissing, hugging, deep kissing, or touching the genitals of the other soldier fall under ‘other indecent acts.’ Second is excessively restricting soldiers' right to sexual self-determination the privacy and freedom by subjecting the private sexual life of individuals to criminal punishment. This provision prohibits specific sexual acts through the state intervention and plans detection, investigation, and punishment by the state in case of violation by the state interfering with an individual’s intimate private life. However, anal sex between soldiers under mutual consent 435) Lee, Sang-hyeon, A study on anal sex and other indecent offenses under the Military Criminal Act: Focusing on the comparison of legal history, legal theory and precedent, Soongsil University, School of Law, Thesis of Law, Vol. 36, 2016. 436) Ministry of Justice, Answers to the Question List to the 5th National Report of the UN Covenant on Civil and Political Rights, 2019, Pg. 26. 437) Lee, Ja-yeon, A study on indecent acts under the Military Criminal Act, Wonkwang Legal Studies Vol. 34, No. 2, Wonkwang University Legal Research Institute, Jun. 2018, Pg. 163~164. 438) According to data submitted by the Ministry of National Defense to the NHRCK (Dec. 9, 2021), 53 cases (79.1%), out of 67 cases to which this provision was applied from 2016 to the first half of 2021, were ‘sexual acts between consenting parties.’ 184