Human Rights Commission: "Soldier Acquitted Should Be Promoted Retroactively to Original Scheduled Date"

The National Human Rights Commission of Korea (NHRCK) has ruled that for soldiers who were prosecuted in criminal cases, missed promotions, and later acquitted, their promotion should be applied retroactively to the originally scheduled promotion date.

On the 27th, the NHRCK announced that it recommended the Minister of National Defense to correct the promotion date of Lieutenant Colonel Chae Mo, who was acquitted after being tried for defamation and insult against a superior officer, to the originally scheduled promotion date. Furthermore, it emphasized the need to amend the Enforcement Decree of the Military Personnel Act to allow retroactive application of the promotion date when a not guilty verdict is confirmed.

According to the NHRCK, in May 2019, Lieutenant Colonel Chae, then a battalion commander of a unit under the Air Force Education Command, reported to his superior after receiving a report that Major A, his direct superior, had sexually harassed an officer candidate. Major A was cleared of charges, but in September of the same year, Lieutenant Colonel Chae was prosecuted on charges of defaming Major A by platoon leaders. After a three-year trial, Chae was acquitted by the Supreme Court in September last year.

However, Chae’s promotion to lieutenant colonel, which was imminent, was canceled and he was forced to take a leave of absence. His promotion was only granted after the Supreme Court confirmed his acquittal. When Chae filed a lawsuit to cancel the leave of absence order, the Air Force lost in the second trial and then claimed litigation costs. Chae filed a complaint with the NHRCK in July last year, arguing that the Air Force’s actions constituted personnel retaliation.

The NHRCK stated, "Personnel disadvantages such as invalidation of promotion and forced leave imposed on soldiers who fulfilled their obligation to report sexual harassment constitute human rights violations," and added, "During the investigation and trial process, the Air Force caused secondary mental and economic harm to Lieutenant Colonel Chae, violating his right to dignity and pursuit of happiness." It recommended the Chief of Staff of the Air Force withdraw the claim for litigation costs related to the leave cancellation lawsuit.

Meanwhile, the NHRCK confirmed that Captain Yoon Mo, an instructor, secretly photographed the diary of a sexual harassment victim in the barracks and delivered it to Major A. The NHRCK stated that it is difficult to view Yoon’s actions as a solo offense and recommended the Chief Prosecutor of the Ministry of National Defense investigate the matter.

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