2008. 09.24
The NHRCK recommended to the Army Chief of Staff taking disciplinary measures to a Commander regarding a soldier’s death from his senior members’ harsh and insulting treatment.
The petitioner, Mr. A (male, 30 years old) who is a brother of the victim, filed a compliant to the NHRCK in April 2008, claiming that “the victim (22 years old at the time of his death), while he was in the army, died from a firearm accident because of his Commander’s and senior soldiers’ harsh treatment and his death was responsible for the army unit.
Following the Commission’s investigation, it confirmed that the victim had been verbally and physically abused by his senior soldiers while he was in the army and on July 31, 2007, he took a magazine from a powder magazine, shot himself to his neck, was taken to the Capital Army Hospital and died on September 14, 2008.
Regarding his death, even though the victim died from negligence in ammunition supervision and it was reported that this case should have been submitted to the disciplinary committee, the army unit concluded the accident with written warning to related soldiers, the platoon leader and the Commander.
The Commission, concerning that the victim directly expressed that the accident was the Commander’s fault when he shot himself from the constant insults from the Commander, concluded that the Commander caused his death directly or indirectly although there was no intention. Furthermore, although it was reported that this case should be submitted to the Disciplinary Committee, it was neglected and this should be regarded as an act out of the norm.
Therefore, the Commission recommended to the Army Chief of Staff that the Commander General of the army corps should take disciplinary action to the Commander and strictly implement security measures including ammunition supervision.
