Human Rights Commission: "Military Protection Zones Allowing Civilian Access Must Follow Legal Procedures During Military Inspections"

[Asia Economy Reporter Lee Gwan-joo] The National Human Rights Commission of Korea has ruled that when the military conducts inspections of civilians in military protection zones where civilian access is permitted, the principle of due process must be observed.

On the 4th, the Human Rights Commission recommended that the Minister of National Defense establish relevant regulations to ensure compliance with the principle of due process when inspecting civilians within military protection zones, and install informational signs to notify visitors to these civilian-accessible military protection areas in advance about the possibility of inspections by military units.

The petitioner filed a complaint with the Human Rights Commission, alleging that while hiking in a military protection zone open to civilians, a soldier falsely claimed to be affiliated with a local government and selectively requested cooperation for an inspection, questioning the purpose of the visit and how the map was obtained, thereby infringing on the petitioner’s personal freedom.

In response, the soldier under complaint stated, "I received a report of a suspicious hiker and moved to the scene," adding, "Based on experience, many hikers show anxiety when I identify myself as a soldier, so I introduced myself as a local government employee, but after receiving objections, I revealed that I belonged to Unit A and then asked questions." The soldier also told the Human Rights Commission that "a superior apologized to the petitioner after the petitioner protested."

The Human Rights Commission’s Relief Committee 1 stated, “In cases where soldiers conduct inspections of civilians at military protection facilities, there is a possibility of mistakenly identifying innocent citizens as lawbreakers, and since inspections can cause fear and pressure to those inspected, the purpose and intent of the inspection, as well as the affiliation and identity of the inspector, must be clearly communicated to the person being inspected. Inspections should be conducted within the minimum necessary scope in accordance with proper procedures.”

While police inspections are regulated under the Police Officer Duty Execution Act, the Human Rights Commission pointed out that military inspections lack sufficient legal basis and procedural regulations, and that the internal manual only instructs inspectors to identify themselves as soldiers, making it difficult for inspectors to perform their duties in accordance with the constitutional principle of due process.

The Human Rights Commission viewed that rather than holding the individual respondent personally responsible, systemic improvements are necessary to prevent patrol officers performing the same duties nationwide in military protection zones from repeatedly committing similar human rights violations, and thus recommended that the Minister of National Defense establish related regulations.

This content was produced with the assistance of AI translation services.