Page 258 - 2018 Defense White Paper

and complaint f iling functions, eliminate human rights blind spots by operating the National

Defense Human Rights Monitoring Group, and continue to conduct human rights surveys on
servicemembers. The MND will also set up human rights advisory committees at the MND and
the headquarters of each service to facilitate advices on human rights issues by outside experts,

and place human rights advisory lawyers at division-level units. Going forward, the MND will
continue to implement institutional improvements aimed at protecting servicemembers’ human
rights in keeping with changes in the human rights situation in Korea.

| Improving the Servicemember Disciplinary System | In response to the question regarding
the constitutionality of conf inement facilities in the military and its possible violation of the

constitutional requirement of warrants, 16) and to protect the human rights of servicemembers,
the MND is currently pursuing an amendment to the Military Personnel Management Act that
replaces conf inement facilities with disciplinary training and wage cuts. Upon the amendment,
the MND plans to operate human rights programs based on the understanding of the unique

characteristics of the military community, including compliance and human rights education as
well as personal relationship capability training, which are expected to promote servicemembers’

human rights while firmly establishing discipline.

[ Chart 6-9 ] Comparison of Current and Proposed Disciplinary Measures

Current Revised Note
Demotion Demotion Same as before

Confinement facility abolished
Confinement facility Disciplinary training
/ newly inserted
Pay cut Newly inserted

Same as before
Leave restriction Leave cut
(Terminology change)
Probation Probation Same as before
Reprimand Newly inserted

16) Warrants issued by a judge through due procedures should be presented when imposing compulsory
procedures during criminal procedures (arrest, detention, seizure or search): (Constitution, Article 12 (3))

256 Chapter 6 Instilling a High-Morale Military Culture Trusted by the People