Jurist South Korea passes legislation to hear military sex crime and homicide cases in civilian courts

[Dadparvar]

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.

Before the amendment, such cases were heard in specialized military courts. According to activists, this compromised the independence of trials. Military commanders had influence over the prosecution of sex crimes and homicide involving accused members of the military. For alleged victims of sex crimes and homicide, this influence was devastating.

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. 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.

Suh Wook, the country’s Minister of National Defense, said:

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. … [The] reform will serve as the cornerstone to prevent crimes and corruption in barracks, including sexual violence.

For accusers and activists, the law reform is a welcome move. Fairer trials will ensue from the increased independence of the arbiters of military homicide and sex crime cases. 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.

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