The Constitutional Court on Friday upheld the constitutionality of a ban on collective action by commissioned officers, citing the risk of disruptions in the rank order that is crucial for national security.
Under the relevant law on military status and service, soldiers are prohibited from engaging in collective petitions or signing for grievances related to military service.
A complainant, known to be a judge advocate, filed a petition asking the court for a constitutional review of the clause in question, saying it violates the freedoms of expression and association.
In its decision delivered Friday, the nine-member court ruled in a 5-4 vote that while the clause does limit the soldiers’ freedom of expression to some extent, it does not go against the Constitution.
“The ban is aimed at maintaining and strengthening the order and command system of the military for the sake of the country’s security and national defense,” the court said, coming into agreement that a stronger restraint on the basic right
s of soldiers is justifiable to attain such a purpose.
It also took into account other means available to file a complaint, including to a person in higher command or to an investigation unit within the military.
Meanwhile, four justices opposed the decision and ruled the clause unconstitutional due to the broad scope of the ban.
Source: Yonhap News Agency