Case Type: Labor / Military Disciplinary

Result: 1-Month Suspension

Case Details:

When a military personnel or public official is involved in a sexual offense, unlike ordinary workplaces, they must defend themselves through (1) criminal proceedings and then (2) military disciplinary proceedings. In this case, following a prosecutorial discretion outcome in the criminal case for military sexual harassment, the client faced a disciplinary hearing in the military, where the potential penalty could have been severe, including dismissal.

Although most investigations in disciplinary proceedings overlap with the criminal investigation, the level of punishment is determined according to the disciplinary guidelines. Here, the client had multiple instances of physical contact with a female subordinate, which could have led to a major disciplinary action despite the criminal case being resolved with a prosecutorial discretion.

The Military Criminal & Disciplinary Response Team of Suhn Law Group (Lead Attorney: Bak Sung uk) argued:

1. The case should be classified as sexual harassment, not sexual assault.

2. Under the military disciplinary guidelines, the client qualified for mitigating circumstances, reducing the severity of punishment.

These arguments were supported by specific statutory provisions and administrative court precedents and presented to the military legal officer and disciplinary committee. The client also expressed sincere apologies and genuine remorse, emphasizing a commitment to never reoffend and continue serving the country and military responsibly. The victim communicated that she did not wish for severe punishment, which was taken into account.

By combining legal reasoning with a humble and remorseful attitude, the client avoided dismissal or heavy punishment and received a 1-month suspension, successfully defending against the active duty unfitness review and returning to normal service life.

Suhn Law Group leverages deep expertise in military disciplinary matters to ensure clients receive the best possible outcome through precise legal strategy and practical experience.

Case Inquiries: Attorney Bak Sung uk