Case Type: Military Disciplinary

Result: 1-Month Salary Reduction (Minor Disciplinary Action)

Details:

When military personnel or public officials are involved in a sexual offense, unlike ordinary civilians, they must (1) defend themselves in the criminal procedure and (2) subsequently defend against the military or public service disciplinary procedure. This case involved a military disciplinary proceeding that followed a deferred prosecution outcome in a criminal case for sexual harassment. The team successfully defended the client to receive a minor disciplinary action of a one-month salary reduction.

Since most investigations in the disciplinary process are already conducted during the criminal case, the facts of the allegation generally remain unchanged. However, the disciplinary level must be actively argued based on disciplinary guidelines to obtain a lighter sanction.

Suhn Law Group’s Military Criminal & Disciplinary Response Team (Lead Attorney: Bak Sung Uk), with extensive experience in military disciplinary cases, argued to the military legal officers and the Military Disciplinary Committee that:

1. The offense should be classified as “sexual harassment” rather than “sexual assault.”

2. According to military disciplinary guidelines, there were mitigating factors applicable under the regulations and administrative court precedents.

The client also sincerely apologized to the victim, expressed genuine remorse, and emphasized a commitment to never reoffend while continuing to serve the nation and military responsibly.

Typically, military disciplinary actions for sexual offenses result in suspension or more severe penalties, which would trigger additional review by the Active Service Ineligibility Committee. In this case, however, by combining law- and precedent-based arguments with the client’s humble and repentant attitude, the team successfully obtained a minor disciplinary action of salary reduction, avoiding further procedures and preserving the client’s military career.

This case demonstrates how Suhn Law Group leverages precise knowledge of military disciplinary law and practical experience to achieve the best outcomes for clients.

Contact for Case Inquiries: Attorney Bak Sung Uk