Page 292 - 2020 Defence White Paper

Enhancing Human Rights Protection Since 2009, the MND has enacted
in Investigative Procedures and implemented the "Directive on
the Protection of Human Rights in
the Military Investigation Procedures" in order to strengthen the level of ensuring
human rights in military investigation procedures.
Starting in July 2018, the MND reinforced the rights of suspects, even during
interviews without any report written, to defend themselves by allowing them to
seek legal counsel and to minimize the shock experienced by families and friends
of suspects during arrests, detentions, seizures, and searches. In addition, the MND
clarified the standard for rests provided to suspects, requiring investigators to let
suspects rest for at least 10 minutes every two hours, and also introduced the legal
basis for allowing victims of military crimes to select and request public defenders as
legal counsel.
In 2020, the MND revised all directives to ban pretext investigations and
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unnecessary delays in investigations aimed at putting pressure on suspects, and
restricted investigations exceeding 12 hours or late-night investigations starting at
9:00 p.m. or later. Meanwhile, the MND allowed not only suspects but also other
parties subject to investigation, victims, and witnesses to request the participation of
legal counselors and to record the investigation without any particular restriction.

Improving the Servicemember In response to the argument regarding the
Disciplinary System constitutionality of confinement facilities
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in the military and its possible violation of

the constitutional requirement of warrants, the MND has improved the service-
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A method of investigation member disciplinary system to protect the human rights of servicemembers. The
wherein, during the
process of clarifying the Military Personnel Management Act and the Military Service Act were revised to
charges for a certain replace confinement facilities, among the types of disciplinary actions, with
crime, an investigative
agency investigates a case disciplinary training, and newly established the system of wage cuts and reprimand.
unrelated thereof to clarify
the criminal charges of its For discipline training in particular, the days of disposal will no longer be included in
original purpose.
the service period to maintain the punitive effect of the confinement facilities.
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Warrants issued by Unlike confinement facilities, discipline training is a human rights-friendly
a judge through due
procedures should be training oriented toward compliance and human rights education based on under-
presented when imposing
compulsory procedures standing of the characteristics of military communities. The training is expected to
during criminal procedures
(arrest, detention, seizure be provided at units above divisions or brigades to promote servicemembers’ human
or search) (Constitution,
Article 12 (3).) rights while firmly establishing discipline within.

290 2020 Defense White Paper