Written by Attorney Soobin You, a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: In Korea, offenses within the military are governed by the Military Criminal Act, which carries heavier penalties than ordinary criminal law. For indecent assault, the statutory minimum is one year or more of imprisonment. But even under this stricter framework, a case can end in a suspension of indictment (기소유예), with no punishment and no loss of position. That is how one case involving military personnel was resolved.
For foreigners connected to the military in Korea, whether service members, civilian military employees, or others in the system, a criminal matter under the Military Criminal Act is especially serious. The penalties are stricter, and a conviction can end a career. Here is how one such case was handled, from a Korean English-speaking lawyer’s perspective.
Why military cases are treated more strictly
Offenses involving military personnel can fall under the Military Criminal Act rather than ordinary criminal law. This case involved indecent assault between civilian military employees, charged under Article 92-3 of the Military Criminal Act. The risk was significant: the statutory penalty is imprisonment of one year or more, meaning a heavy sentence was genuinely possible.
The client was accused of indecent assault against a colleague after drinking. Because of the strict discipline within the military organization and the application of the Military Criminal Act, this was a situation that could have led to a serious sentence.
The defense strategy
We built the response around several elements.
Close analysis of the sequence of events. We examined how the incident unfolded and emphasized that the intent behind the conduct was low.
Sincere apology and settlement with the victim. We reached a settlement with the victim at the prosecution stage.
Emphasizing that the conduct was minor. Because the degree of the conduct was on the lighter side, we highlighted this in the analysis.
Establishing the need for a suspension of indictment. We stressed that imprisonment was possible under the Military Criminal Act, and that a civilian military employee could face automatic removal from their position if given a suspended sentence. We also submitted, given the client’s young age, a life plan and supporting materials showing how they intended to move forward if given a chance.
Because we were retained at the prosecution stage, we acted quickly. If a settlement with the victim could not be reached by the prosecution stage, the case would inevitably proceed to trial, which made a fast response essential.
The result: a suspension of indictment
The prosecutor granted a suspension of indictment. This is a decision in which the offense is acknowledged, but weighing the minor nature of the matter and the prospects for achieving the purpose of punishment, the prosecutor decides not to bring charges. Through this outcome, the client escaped both criminal punishment under the Military Criminal Act and the loss of their position.
Why the early stage is critical in military cases
Cases under the Military Criminal Act carry stricter penalties and a real risk to one’s position and career. And because a settlement with the victim can determine whether the case proceeds to trial, timing is decisive. Securing legal help early, particularly before the window for a settlement closes, is what opens the door to a lenient outcome.
If you are facing a criminal matter connected to the military in Korea, the combination of stricter law and career consequences means that an early, careful response is essential.
Military cases run on their own procedure but the decisive question is the same one that decides civilian files: what the record shows at the point the charging decision is made. See how charging decisions are influenced in Korean criminal cases.
Frequently Asked Questions
Q: How is a military criminal case different in Korea?
A: Offenses involving military personnel can fall under the Military Criminal Act, which carries heavier penalties than ordinary criminal law. For indecent assault, for example, the statutory minimum is one year or more of imprisonment.
Q: Can a military criminal case still end without punishment?
A: Yes, it is possible. Even under the stricter Military Criminal Act, a case can end in a suspension of indictment, with no punishment and no criminal record, where there is a genuine settlement, low intent, and strong mitigating circumstances.
Q: What does a suspension of indictment (기소유예) mean?
A: The offense is acknowledged, but the prosecutor decides not to bring charges, weighing the nature of the matter and other factors. There is no trial, no punishment, and no criminal record.
Q: Why does a settlement matter so much in these cases?
A: Because whether a settlement with the victim is reached by the prosecution stage can determine whether the case proceeds to trial. This makes an early response, before that window closes, especially important.
Q: I’m connected to the military in Korea and facing a charge. Can I get help in English?
A: Yes. A Korean English-speaking lawyer can take your account in English and respond from the earliest stage, which is critical given the stricter penalties and career consequences that military cases can carry.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. This is a sensitive legal area. Consult a licensed attorney about your situation.
Facing a military-related criminal charge in Korea? YUSU Lawfirm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney, provides English-language criminal defense from the earliest stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.
