by the National Human Rights Commission of Korea. But policymakers didn\u2019t act fast enough, according to the Justice Party\u2019s Bae Bok-joo, who followed Lee\u2019s case closely.\u00a0<\/span><\/p>\n\u201cThe government only takes action after a major incident happens, but they never take pre-emptive measures,\u201d she told <\/span>Korea Pro<\/span><\/i>. \u201cPoliticians only took action after Lee committed suicide.\u201d<\/span><\/p>\nBae said the military’s closedness, hierarchy and disconnect from the outside world were significant barriers to seeking help or resolving human rights violations committed by superiors against victims.<\/span><\/p>\nAn additional challenge is the influence of military commanders in court cases involving servicemen and women. The South Korean government transferred sexual assault cases from military courts to civilian courts in 2021 in an attempt to remedy this, but this only applies to crimes allegedly committed after July 2022.\u00a0<\/span><\/p>\nAny accusations of sexual misconduct on a date before then are still under the purview of the ROK military military courts, where conviction rates and sentences for sex-related crimes are low.<\/span><\/p>\nA <\/span>Korea Pro<\/span><\/i> analysis of ROK military court data in 2022 found that, of 123 sex-related crime cases handled by such courts in which the accused was found guilty, the majority (65%) of perpetrators received a suspended jail sentence <\/span>\u2014<\/span> meaning no jailtime unless the convict commits another crime <\/span>\u2014<\/span> and only 13% received an actual jail sentence.<\/span><\/p>\nWhen asked about the low number of perpetrators receiving prison sentences, the military court cited the unique \u201ccharacteristics\u201d of conscripted servicemen.<\/span><\/p>\n\u201cConscripted servicemen are mostly young and lack criminal history, unlike most defendants in civilian sex crime trials,\u201d the research division of the military courts told <\/span>Korea Pro<\/span><\/i>.<\/span><\/p>\nVICTIM-BLAMING TRIALS<\/b><\/p>\n
Experts suggest that servicepeople who choose to take their case to trial often face severe victim blaming in addition to seeing their abusers receive light sentences.<\/span><\/p>\n\u201cIn the past, sex crime trials in military courts often appeared to try the victim instead of the accused,\u201d Park In-sook, a lawyer and member of Lawyers for a Democratic Society, told <\/span>Korea Pro<\/span><\/i>.\u00a0<\/span><\/p>\n\u201cThe accused often deny committing the crimes they\u2019re accused of and attack the victim, claiming that the victim has always been a problematic person,\u201d Park said. Transferring sex crime rulings from military courts to civilian courts could help victims, he added.\u00a0<\/span><\/p>\n\u201cUnlike military courts, private courts prohibit access to a victim\u2019s medical records that are completely unrelated to the case to protect the victims\u2019 privacy.\u201d<\/span><\/p>\nPark said that one victim she represented was made to reenact their rape during a military court trial. \u201cThis would never be allowed in civilian courts.\u201d<\/span><\/p>\n\u201cJUST PART OF THE MILITARY\u201d<\/b><\/p>\n
The need for judicial reforms is evident, but the real challenge lies in changing a culture that normalizes sexual abuse in and outside of the military.<\/span><\/p>\nKim Hyung-nam of the Military Human Rights Center told <\/span>Korea Pro<\/span><\/i> that the public often ignores rampant sexual abuse in the ROK armed forces as \u201cjust how things go in the military.\u201d Kim became an activist after completing his mandatory military service in 2016, where he says he witnessed a fair share of abuse.<\/span><\/p>\n\u201cThe military is a closed organization,\u201d Kim explained. \u201cThat\u2019s necessary to keep military training and defense strategies secret. But it should not be an excuse to operate outside the law. South Korea is a democratic country that operates under constitutional law, and no one should be allowed to violate that principle, including the military.\u201d<\/span><\/p>\nBae of the Justice Party pointed to a pervasive belief that men should endure hardships as conscripts. \u201cMany South Korean men believe that a boy turns into a man after serving his time in the military. But that is a distorted view of masculinity,” she said.<\/span><\/p>\nAn illustration of a South Korean soldier | Image: Korea Pro<\/p><\/div>\n
\u201cPeople think having a competent military only requires [being armed with] modern weapons and [undergoing] advanced training. But we must realize that the armed forces can\u2019t sustain themselves without improving servicepeople\u2019s lives,\u201d Kim of the Military Human Rights Center told <\/span>Korea Pro.<\/span><\/i><\/p>\nFor its part, the military is implementing new regulations to advance servicepeople\u2019s rights. In response to questions from <\/span>Korea Pro<\/span><\/i>, South Korea\u2019s defense ministry pointed out that it established the Military Rights Improvement Promotion Team to prevent and respond to sexual violence.<\/span><\/p>\nHowever, Bae questioned how effective this team will be since, like the military courts, it is positioned within the authority structure of the South Korean armed forces.\u00a0\u00a0<\/span><\/p>\n\u201cThe human rights organization should be separate from the armed forces, similar to how the National Human Rights Center operates,\u201d Bae said.<\/span><\/p>\nPark of Lawyers for a Democratic Society expressed some optimism about the future, saying that as more sex-related cases move from military to civilian courts, people will become better informed about the seriousness and pervasiveness of abuse within the military.<\/span><\/p>\n\u201cThe more civil courts deal with the military\u2019s sex crimes cases, the more journalists will be able to write about serious cases that would otherwise go unreported. Personally, I believe that publicizing these cases more will help to prevent sex crimes in the military to at least some extent,\u201d she said.<\/span><\/p>\nThe Military Human Rights Center\u2019s Kim goes further and believes that the military should give up its judicial branch.<\/span><\/p>\n\u201cWe have properly functioning civil courts nationwide. They can review the military\u2019s cases,\u201d he said. Why should military courts have jurisdiction over sex crimes just because they involve servicepeople?\u201d<\/span><\/p>\nKim argues that the current military court system often prioritizes the military\u2019s need for control and hierarchy over justice and due process.<\/span> \n<\/span><\/p>\nMeanwhile, Master Sergeant Lee Ye-ram\u2019s family has yet to hold a funeral for their daughter, who passed away nearly two years ago. Her body remains in a military morgue as investigations continue.\u00a0<\/span><\/p>\nHer father, Lee Ju-wan, has vowed to keep growing his beard until everyone responsible for her death has been brought to trial, according to <\/span>local media reports<\/span><\/a>.<\/span><\/p>\nEdited by John Lee<\/span><\/i><\/p>\nCulture & Society<\/span><\/a><\/div>","protected":false},"excerpt":{"rendered":"Master Sergeant Lee Ye-ram reported to her superior that she had been sexually molested by a senior officer after returning from a dinner that she was pressured to attend.\u00a0 However, her superiors in the South Korean air force took no action and discouraged her from filing a complaint. Lee requested a transfer to another unit […]<\/p>\n","protected":false},"author":8392,"featured_media":2200647,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21],"tags":[25],"class_list":["post-2200645","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-analysis","tag-culture-society"],"yoast_head":"\n
How hierarchy and toxic masculinity fuel sexual abuse in South Korea's military - KOREA PRO<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n \n \n \n \n \n\t \n\t \n\t \n