Case Overview:

Two commanding officers at the 12th Infantry Division Recruit Training Center were found guilty of abusive training that led to a trainee’s death.

The Supreme Court of Korea upheld their prison sentences — 5 years and 6 months for Commanding Officer Kang and 3 years for Officer Nam.


Incident Details:

In May 2024, the officers ordered six recruits to perform extreme physical drills (full-gear marches, running, push-ups, etc.) in violation of military regulations.

One trainee, Private Park, collapsed and died during the punishment session.

Prosecutors charged them not with mere negligence but with “abuse resulting in death” (학대치사) and abuse of authority (직권남용).


Lower Court Rulings:

First instance: Kang sentenced to 5 years in prison; Nam to 3 years.

Appeal court: Increased Kang’s sentence to 5 years and 6 months, recognizing multiple acts of abuse rather than a single offense.

Defendants’ claims of no intent, no conspiracy, and no causal link were rejected.


Court’s Reasoning:

The courts emphasized that conscripts serve under obligation, and the state bears a duty to protect their lives and safety.

Even within the strict hierarchy of the military, basic human dignity and life cannot be violated.

The judges condemned the commanders for perpetuating outdated and abusive military practices, calling the case a betrayal of public trust in the armed forces.


Supreme Court Decision:

On September 25, 2025, the Supreme Court (Presiding Justice Lee Sook-yeon) dismissed the appeals, finalizing the sentences.


Key Legal Points:

Violations: Abuse resulting in death (학대치사), Abuse of authority (직권남용).

The case underscores zero tolerance for illegal disciplinary practices in the military.

Article: https://www.lawtimes.co.kr/Case-curation/211839