Controversy Surrounds Female Soldier's Miscarriage in Army Command

Allegations have emerged of workplace harassment, including forced early shifts and verbal abuse, against a pregnant female soldier in the Army's Capital Defense Command, leading to her miscarriage after experiencing repeated bleeding. The investigative team at Aju Economy has consulted five lawyers, including former military legal officers and human rights advocates, to examine the legal implications of this case. They believe there is a strong possibility of applying military law regarding abuse, and anticipate significant internal disciplinary actions, potentially leading to criminal charges depending on the severity of the case.

According to a comprehensive report from Aju Economy's investigative team on June 22, the Army's Capital Defense Command is currently investigating allegations against Lieutenant Colonel A, who is accused of issuing unfair orders and making derogatory remarks to subordinate officers. Lieutenant Colonel A allegedly used his authority to intimidate Major B and Captain C, suggesting, "Shall we see how well you can wield a pen?"

Specifically, Captain C has reportedly faced undue pressure to work early and perform inappropriate tasks, such as lying face down, despite informing her superiors of her pregnancy. This prolonged harassment has raised concerns about the potential consequences of her miscarriage.

In cases of military abuse, the protocol typically involves immediate separation of the victim and perpetrator upon receiving reports. Following this, investigations are conducted, and if the severity is confirmed, disciplinary actions such as suspension, demotion, or dismissal are imposed on the involved officers. These disciplinary measures occur independently of any criminal convictions. If the situation is deemed serious, military police may conduct investigations, leading to prosecution in military courts. Currently, it is reported that investigations are ongoing under the leadership of the Capital Defense Command following the separation of the involved parties.

Regarding the potential severity of disciplinary actions, lawyers suggest that demotion or harsher penalties are likely. Byun Kyung-sik, a representative lawyer from Ilro Law Firm and a former military prosecutor, stated, "If there are multiple instances of misconduct, including verbal abuse and sexual harassment, and the victim count exceeds two, the severity of the disciplinary action could exceed basic penalties like suspension or demotion."

However, the decision on whether to dismiss Lieutenant Colonel A will depend on several factors, including the ability to prove causation, the victim's wishes, and the perpetrator's response. Ha Joo-hee, a representative lawyer from Yulrip Law Firm who has been vocal on military issues, commented, "While the case itself is serious enough to provoke public outrage, it cannot be assumed that it will automatically lead to dismissal."

In terms of criminal liability, there is a consensus among the lawyers that Lieutenant Colonel A's actions likely fall under Article 62 of the Military Criminal Act regarding abuse. The failure to provide maternal protection time during pregnancy is seen as a strong basis for asserting abuse of power or coercion. Ha noted, "If recognized as abuse of power, the punishment could be up to five years in prison; if recognized as coercion, it could be up to three years in prison or a fine of up to 7 million won."

Considering the trend of investigative bodies broadly recognizing abuse, the imposition of undue early work requirements on a pregnant soldier is likely to be classified as either abuse of power or coercion. Bae Yeon-gwan, a partner at YK Law Firm and a former military prosecutor, emphasized, "Forcing a pregnant soldier to report early every day under the threat of authority could be classified as coercive abuse." He added that the occurrence of a miscarriage is a serious and tragic outcome, suggesting that future investigations and legal judgments will be stringent.

Yoo Wang-hyun, a lawyer from Uwon Law Firm and a former human rights advisor to the Capital Defense Command, explained, "If someone is compelled to perform an obligation they are not required to do, it could constitute coercion. Specifically, instructing a pregnant officer to lie face down could fall under coercion as well." The Military Criminal Act strictly prohibits abuse, and there is a significant difference between instructing healthy male soldiers or non-commissioned officers to perform such tasks and directing a pregnant officer to do so.

Furthermore, actions such as threatening with a clenched fist while saying, "I will show you my power," could be classified as intimidation or coercion, and specific actions like swinging a fist in the air could potentially be recognized as assault.

Song Seung-hwan, a representative lawyer at Solugen Law Firm and a former naval academy graduate and prosecutor, noted, "The crime of coercion under criminal law requires proof of both the threat of harm and the demand for an obligation that does not exist. However, the military law's aggravated punishment for coercion has similar penalties (up to five years in prison), making it easier to apply in practice."

Regarding the establishment of abuse of power, the necessity of proving the obligation to perform unnecessary tasks may be a contentious issue. Yoo added, "If someone is compelled to perform an unnecessary task through the abuse of power, it could constitute abuse of power. However, since military personnel are generally required to perform assigned duties, whether the tasks ordered were truly unnecessary or prohibited remains somewhat ambiguous, warranting further investigation and legal debate."

Moreover, the lawyers believe that the key issue in both criminal prosecution and disciplinary actions will be proving the causal relationship between the abuse and the miscarriage. Ha stated, "If the investigation results or special opinions from the hospital establish causation, the penalties for the abuse could be more severe, and this could serve as a key basis for the victim's civil claims for damages in the future."

Byun noted, "The causes of miscarriage are varied, requiring medical clarification, and it is difficult to establish a clear causal relationship solely based on verbal abuse and insults. However, the fact that a subordinate was assigned inappropriate physical tasks despite disclosing her pregnancy could be a contributing factor to the miscarriage."

Song also remarked, "Even if a miscarriage occurred due to the perpetrator's abusive actions, proving the causal relationship beyond doubt in court may be practically challenging. Therefore, the outcome of the miscarriage may be reflected as a factor in increasing the severity of the perpetrator's punishment rather than constituting a separate criminal offense like bodily injury."

Ultimately, the severity of the disciplinary actions against Lieutenant Colonel A will depend on how effectively military investigative agencies can demonstrate the persistence of the abuse and the extent of the infringement on maternal protection.