Korea
Korean originalTranslated
Four military judges promoted after court law revision, versus 73 legal officers
Materials submitted by the Defense Ministry to lawmaker Cheon Jun-ho's office show that four military judges and 73 legal officers in the armed services were promoted after the July 2022 revision of the Military Court Act. All four judges were promoted from major to lieutenant colonel.
Materials submitted by the Defense Ministry to Democratic Party lawmaker Cheon Jun-ho's office show that four military judges were promoted after the July 2022 revision of the Military Court Act. During the same period, 73 legal officers in the armed services were promoted; all promoted military judges advanced from major to lieutenant colonel, with none promoted to colonel or brigadier general.
Promotion reviews for military judges are governed by the Military Personnel Management Act, giving each service's chief of staff authority over promotions. Judges compete with regular legal officers belonging to the services.
The revision of the Military Court Act followed the death of Air Force sexual violence victim Staff Sergeant Lee Ye-ram. The National Assembly passed an amendment consolidating 30 ordinary military courts at units of corps level or above into five courts under the defense minister.
Since the revised law took effect, military judges have been appointed through a military judges personnel committee under the defense minister. The committee includes outside members such as judges, prosecutors, lawyers and law professors; appointed military judges cannot be assigned to positions in other units outside the military courts during their terms and receive protections limiting dismissal and guaranteeing retirement age.
There were also four cases in which military judges who had been passed over for promotion while serving under the Defense Ministry were promoted after returning to the services as legal officers. Judges who returned to the Army, Navy and Air Force as legal officers in 2024 were promoted to lieutenant colonel the following year, and the cases also included a judge who returned to the Navy as a legal officer this year and was immediately promoted to lieutenant colonel.
Cheon Jun-ho warned that continued departures of military judges could undermine the foundations of military judicial reform intended to remove control by service chiefs. He called for institutional changes placing promotion authority for military judges directly under the Defense Ministry to ensure the independence of military judicial power.