- Authors Jeahyen Soung
- Date October 31, 2022
Military service compulsory personnel are required to report moving in when moving from one place of residence to another. In this case, if there is no 'reasonable cause', you will be punished. There are practical difficulties for the police to actively conduct investigations on ‘missing persons’. After finding the ‘missing person’, the investigation reveals that there is no justifiable reason. For this reason, it is clear that there are practical difficulties for the police with pending issues to actively investigate the ‘missing person’.
Currently, among those obligated to do military service, “missing persons” who have not registered for transfer are also citizens of the Republic of Korea. For this reason, ‘missing persons’ can and are receiving ‘COVID-19 special disaster support’ provided by the government.
The Military Manpower Administration’s special judicial police powers need to be given to ‘missing persons’.
In this way, Article 86 of the Military Service Act expands the scope of investigation of special judicial police powers. Currently, the investigative power is limited only to cases of evasion of military service, bodily harm, or deceit for the purpose of reduction or exemption. Although it is an extension of the existing investigative powers, it is to expand the scope of investigations that were missing from the same provisions.
Next, the scope of the Special Judicial Police investigation by the Military Manpower Administration is specified in Article 61 of the 「Military Service Act」 to specify the right to investigate the ‘missing person’.
If the Military Manpower Administration's special judicial police authority is granted to "missing persons", the authority to request personal information of missing persons must be prepared.
Accessibility to necessary personal information is necessary in that the first investigation of 'missing person' is to find out the whereabouts of the missing person. However, since we have experienced many cases in which personal information can be illegally misused, the scope and type of personal information that can be requested must be specified.
The status of personal information processing should be provided to relevant organizations such as the Ministry of National Defense and the Board of Audit and Inspection. In case of violation, it is necessary to prepare the highest level of disciplinary and punishment regulations together.
It is necessary to abolish the on-site enforcement work of 12 local offices in order to concentrate on the investigation work of the special judicial police and to improve the efficiency of investigation expertise and manpower operation.
In addition, it is necessary to promote organizational reorganization by adjusting a part of the investigation area under the jurisdiction of the Daegu and Gyeongbuk Offices and establishing one investigation division in the regional offices that have jurisdiction over the Chungcheong and Honam regions.
- 공정한 병역문화를 위한 병무사범의 예방과 단속 강화 방안_내지.pdf (933.47KB / Download:20) Download