National Human Rights Commission of Korea Annual Report 2017
77
police to guarantee one-man protests to the extent that pedestrian traffic is not compromised.
B. Military
● Excessive privacy infringement for reasons of security inspection
The Commission concluded that the monitoring of private photos and even dialogues on
personal mobile phones during military security inspections is an infringement of the freedom
and privacy of personal life guaranteed under Article 17 of the Constitution. On 28 February,
it recommended the Defense Security Commander to improve inspection methods, which
currently include inspections of mobile messenger dialogues and personal photos on a person’s
not violated.
the Defense Security Command looked into his messenger conversations and gallery photos
on his smart phone without his consent during a central security inspection. Complainant B
also filed a complaint that the leadership of her unit unduly monitored her wedding photos
and breastfeeding photos stored on her spouse’s mobile phone during a preliminary security
inspection.
The Defense Security Command argued that, in accordance with the Military Security
Directive, service members are not allowed to save or communicate classified military
information or harmful information, nor save, record, or transmit military information using
his/her personally-owned commercial telecommunications equipment, that complainant A had
given his security pledge to cooperate with the inspection, and that the inspection was carried
out to the minimum extent possible based on these considerations.
The Commission, however, took note of Article 13 of the Framework Act on Military Status
and Service, which provides that “the State shall ensure maximum guarantee of soldiers’ privacy
and freedom in their private lives within the barrack.” No restrictions shall be placed on the
privacy of military servicemen and women without good legal reason. The Commission also
concluded that there is no basis for interpreting that the security pledge manifests one’s intent to
disclose privacy without limits.
Commission's
Major Activities
A complaint was received from Complainant A, a higher-ranking officer, that inspectors of
Part 2
personal phone, so that the freedom and privacy of personal life of military service personnel are
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