This is particularly important given the increasing reports of sex crimes in South Korean military barracks amidst the shifting social culture where survivors feel empowered to report the harm inflicted upon them. Fairer trials will ensue from the increased independence of the arbiters of military homicide and sex crime cases. … reform will serve as the cornerstone to prevent crimes and corruption in barracks, including sexual violence.įor accusers and activists, the law reform is a welcome move.
#South korean military root out sexual trial
In order to restore trust in the military’s judiciary system, we need to reduce commanders’ influence in the criminal procedures and carry out reform tasks as planned to guarantee independence and fairness in the investigation and trial process. Suh Wook, the country’s Minister of National Defense, said: The woman’s death, alongside concerns about the justice system’s leniency on alleged offenders and failure to protect victims, inspired public opposition to the hearing of military sex crimes and homicides in military courts. In May, a Master Sergeant who accused fellow members of the military of sexual abuse and harassment committed suicide after her reports and requests for help from the military were mishandled. For alleged victims of sex crimes and homicide, this influence was devastating. South Korean military member arrested over suspected sexual abuse By Hyonhee Shin SEOUL, June 3 (Reuters) - South Korea’s defence ministry said on Thursday a member of the air force has. Military commanders had influence over the prosecution of sex crimes and homicide involving accused members of the military. According to activists, this compromised the independence of trials. The district court in Daejeon city in October last year ruled that the army unlawfully discriminated against the country’s first known transgender soldier, Byun Hui-su, by discharging her for undergoing gender reassignment surgery, in a verdict that came seven months after she was found dead at her home.South Korea passed an amendment to its Military Court Act on Tuesday that will see members of the country’s military accused of homicide and sex crimes tried in civilian courts.īefore the amendment, such cases were heard in specialized military courts. South Korea’s military has long been criticised over how it treats sexual minorities among its service members. The group in a statement called for courts to acquit all service members charged with violating article 92-6 and for the country’s constitutional court to rule the provision as unconstitutional. The Seoul-based Center for Military Human Rights welcomed the decision, saying it set a new judicial precedent that could help tackle discrimination against sexual minorities in the military and strengthen protection of their privacy. South Korea’s defence ministry said it will “carefully examine” the supreme court’s decision while proceeding with the case sent back to the military court. The average number of instances of sexual intercourse per day was 1.7 times with the US military, which was significantly less than those for Koreans (5.51 times). The defendants had appealed after the military high court upheld their convictions by a lower court based on article 92-6 and gave them suspended prison terms. The average Korean prostitute length of service is 2.5 years for Korean soldiers while for American soldiers the average length is 3 years. They were among at least nine soldiers who were indicted in what critics described as the army’s aggressive crackdown on gay soldiers in 2017. The two defendants – an army lieutenant and sergeant from different units – had been charged by military prosecutors in 2017 for having sex during off-duty hours at a residence outside their bases in 2016.
The court later said in a press release that the decision was meaningful as a “declaration that consensual same-sex sexual activity (among military service members) could no longer been considered as punishable in itself”. “The view that sexual activity between people of the same sex is a source of sexual humiliation and disgust for objective regular people and goes against decent moral sense can hardly be accepted as a universal and proper moral standard for our times.” “The specific ideas of what constitutes as indecency has changed accordingly with the changes in time and society,” Kim said in a decision that was broadcast online.
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