tag:blogger.com,1999:blog-4070126256373578912.post2057770183741836917..comments2024-03-20T17:53:33.153-04:00Comments on Global Military Justice Reform: A death in Korea. Will reforms follow?Eugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4070126256373578912.post-22307691064622857202021-06-11T16:34:22.094-04:002021-06-11T16:34:22.094-04:00This is a recurring issue in South Korea. We talk ...This is a recurring issue in South Korea. We talk about the case briefly in our book - Military Courts, Civil-Military Relations, and the Legal Battle for Democracy - https://www.routledge.com/Military-Courts-Civil-Military-Relations-and-the-Legal-Battle-for-Democracy/Kyle-Reiter/p/book/9780367029944<br /><br />While the 1948 constitution prohibited civilians from being tried in military courts, this was superseded by various emergency measures and declarations of martial law. This was the case for the entire 1972 to 1981 period, when martial law was finally lifted when the onset of the Fifth Republic. <br /><br />Military courts have not tried civilians since, but they still retain broad jurisdiction over members of the military. At least until 2014 (and perhaps still, not sure) they covered members of the military even for traffic offenses.<br /><br />Military judicial reforms were drafted in 2006 but failed due to backlash from the military. Pressure increased in 2014 following the death of a private due to hazing that was initially covered up by the military. The reforms failed to advance. It remains to be seen if this new event will finally change things.<br /><br />The Korean Herald has a good article from 2018 covered this: http://andyreiter.com/military-justice-documents/?country=kr<br /><br />Another from the Korea Times in 2014 is helpful: http://www.koreatimes.co.kr/www/news/nation/2014/09/180_165010.html<br /><br /><br /><br /><br /><br />Andrew G. Reiterhttps://www.blogger.com/profile/11566794011122967560noreply@blogger.com