The Constitutional Court of Korea ruled that a provision in the Military Criminal Act, which imposes life imprisonment or a minimum prison sentence of seven years for military personnel who forcibly assault fellow soldiers or civilian military employees and cause injury, does not violate the Constitution.
The court announced on the 26th that it upheld the constitutionality of the provision in a 7-2 decision, following a constitutional challenge arguing that the statutory minimum sentence for aggravated indecent assault resulting in injury under military law was excessively harsh.
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This marks the first time the Constitutional Court has ruled on the constitutionality of the Military Criminal Act’s provision mandating life imprisonment or a minimum seven-year sentence for aggravated indecent assault resulting in injury against military personnel.
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