Increasing and expanding of sexual assault is not only problem of society. Military has been considered as safe group where sexual assault rarely occurs because military is controlled by strict discipline and most of soldiers are male. However, recent...
Increasing and expanding of sexual assault is not only problem of society. Military has been considered as safe group where sexual assault rarely occurs because military is controlled by strict discipline and most of soldiers are male. However, recently, Sexual assault crime is increasing even in the military. As appears by 'Sodomy' clause in military criminal law-article 92, Military is not totally free from sexual assault. Also sexual assault which occurs to civilian by soldier takes place continuously, but recent increasing of sexual assault in military is provoked from sexual assault in the inside of the military, so it can be considered as more serious situation than before.
Military consists of officers, noncommissioned officers and military affairs. Especially, Military community has high risks to make sexual assault accidents, because it consists of male and female soldiers and military affairs are young generation, early 20's who have prosperous sexual desire and make a communal life which have lots of contacts with others.
Sexual assault which occurs in the military is more harmful than sexual assault which occurs in the society. Upon characteristic of the military - thorough communal life and stern order of rank, Sexual assault in the military makes doubt about command system and hinders stability of communal life. That is, It can be threat elements of national security which degenerate power of military which should exhibit immediate reaction in emergency very extremely.
Military change 'sexual assault' term, common term in modern society, into 'accident of sex military discipline' and use this term instead of 'sexual assault'. and this suggest military can not recognize sexual assault as serious problem. People, scholar and civil party should not overlook this fact.
This report has purpose to deduct improvement way for prevention of sexual assault in the military which arise as threat elements of national security and also investigates punishment reduction of sexual assault in military which causes controversy recently and analyze about felicitousness of 'convening authority's conforming' in military criminal law.
Although, aggravate punishment about sexual assault is reinforcing, sexual crime doesn't decreasing. This fact suggests anticipative action is more effective than post-action. Especially, under characteristic of the military group - communal life, Military will get higher effect from prevention action than society.
To conclude, this report suggests several regulations and systems which should be carried out at in and out of military in order to prevent sexual assault which increases in military and this looks into importance of law system organization in radical modern society as focused on criminal law, especially on military criminal law.
In the past, Violation of sexual military discipline was emphasized to protect social benefit. To protect social benefit, not individual benefit, Military emphasize the community which consider fighting spirit of military and improvement of combat power. In other words, Minority sacrifice for community.
However, In present time, Military change the keynote of protection which attaches the importance on individual's benefit. This means not minority sacrifice for community but military protects individual narrowly and community largely. As watching from outside, it is hard to recognize the change of military, so military should make an effort to inform the transforming of military and develop continuously.
Now, our military society changes to direction which protect the individual's benefit which reserve each individual's character. As reserving each individual's character, fighting spirit and combat power will be enhanced and When such individuals combine, Military will gain higher benefit than communal benefit. Through this, Korean Military will become one of the strongest military in the world and this describes society and nation also become stronger than past. Until now, sexual assault in the inside of the military has tendency to be concealed or reduced and this makes credibility of the military drop to not only members of the military but also civilian.
Such like this, Variety prevention action and modification of military criminal law are urgent in order to control the sexual assault in military which would threat the national security.