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Rights Violations in Military [2004] KRNHRC 47 (3 December 2004)

Citizen "Eun" filed a complaint on behalf of his son, who began his conscription on
December 3, 2004. While serving on a military base, the complainant's son had been
beaten by his senior officer. Concerning the violence, respondent "Lee" sided with the
senior officer, stating "Such incidents are possible during military training," during a
phone conversation with the complainant. The victim, who was being hospitalized in a
police hospital, was later transferred to another company to conceal the incident.

Another respondent named "Jang," investigated the victim until midnight after he
had collapsed during a meal, due to the severe effects of the abuse. Although the victim
asked for a break, the respondent ordered him to write a statement of reasons, alleging
that he had been "absent without leave." This type of behavior was found to be an
infringement on the victim's right to rest. Another respondent, named "Kim," also
participated in the investigation of the victim until 4 a.m., despite a legitimate diagnosis
indicating that the victim needed of four weeks rest for full recovery. "Kim" also
ignored the victim's request for sick leave.

After investigation, the Commission found that respondent "Lee" had violated the
complainant's moral right by employing inappropriate words and actions without
consideration of the victim's parents, who had placed faith in the state and sent their
son to fulfill his military obligation. "Lee" was the commander overseeing the case.
The Commission confirmed that respondent "Jang" had made the victim write a letter
of pledge until late hours, without considering the victim's condition, and that
respondent "Kim" had investigated the victim despite receipt of the legitimate
diagnosis.

The Commission ruled that the behavior of all respondents violated the victim's
right to rest, stipulated in Article 10 of the Constitution (Dignity, Pursuit of Happiness),
and recommended the local police commissioner issue official warnings. The
recommendation was accepted and the respondents were ordered to enroll in moral
training, and to submit pledges promising to prevent similar incidents in the future.