South Korea Military Defense Lawyers – Court Martial Attorneys
Specialized UCMJ & Court-Martial Defense for Service Members in South Korea
South Korea is one of the most dynamic and politically sensitive theaters for U.S. military operations. Home to installations such as Camp Humphreys, Osan Air Base, Kunsan Air Base, Camp Casey, Camp Carroll, Camp Walker, Camp Red Cloud, Camp Zama’s satellites near the DMZ, and numerous forward-deployed units, the peninsula is on constant alert. U.S. service members live under the U.S.–ROK Status of Forces Agreement and the UCMJ, while working closely with Korean troops. Allegations of misconduct are immediately scrutinized by the Korean media, local police, and U.S. commanders. Even trivial accusations can derail a career.
At Gonzalez & Waddington, Attorneys at Law, we have defended Soldiers, Airmen, Marines, and Sailors across Korea for decades. From Seoul to Pyeongtaek, Daegu, and Kunsan, our court martial attorneys understand the unique challenges of serving in the Land of the Morning Calm. We know how quickly investigations move, how local law differs from U.S. law, and how to defend your rights effectively.
Why Legal Accusations in Korea Are Unique
South Korea’s political and security environment makes UCMJ allegations exceptionally dangerous. Military leaders are under pressure to demonstrate zero tolerance for misconduct in order to maintain the alliance and placate public opinion. This leads to aggressive investigations and severe punishments even in cases with questionable evidence.
- Korean police can investigate and detain U.S. personnel for off-base incidents, often with limited due process rights
- Commands quickly place accused service members on no-contact orders, restricted movement, or curfew lists
- Joint investigations by OSI, CID, NCIS, and Korean National Police often result in mismatched evidence standards
- Small-unit cohesion can deteriorate as rumors spread, leading to witness bias
- Administrative separations are fast-tracked to avoid negative press or diplomatic fallout
- Security clearances, overseas tour extensions, and PCS orders are suspended immediately
A strong defense team is the only way to protect yourself and your career.
Common UCMJ Offenses and Administrative Actions in Korea
Service members in Korea often face charges related to relationships, social dynamics, and cultural misunderstandings. We routinely defend cases involving:
- Article 120 (Sexual Assault) – Allegations frequently arise after nightlife or barracks parties; punishment includes imprisonment, discharge, and registration as a sex offender
- Article 128b (Domestic Violence) – Domestic disputes are handled aggressively, with Korean police often involved in investigations
- Article 112a (Drug Use) – South Korea enforces zero tolerance for drugs; even small amounts of marijuana or prescription pills lead to felony charges
- Article 92 (Orders Violations) – Charges stem from curfew violations, fraternization, off-limits areas, or ignoring COVID protocols
- Article 121 (Larceny and Fraud) – Cases often involve false housing claims or misuse of government travel cards
- Article 134 (Adultery and Indecent Conduct) – Covers extramarital affairs, online misconduct, or culturally offensive behavior
- Administrative Separation Boards and BOIs – Commands use them to remove alleged offenders quickly; the burden of proof is lower than courts-martial
- Security Clearance Suspensions – Career-killing even if no criminal charges are filed
Strategic Defense Tactics in Korea
Our defense strategies are tailored to the complexities of Korea. We challenge investigative assumptions and expose biases while leveraging forensic evidence to dismantle the prosecution’s case.
- Deconstructing joint investigation reports to reveal inconsistencies and improper evidence collection
- Demonstrating cultural misunderstandings between Americans and Korean civilians that led to false allegations
- Reconstructing timelines through digital forensics (texts, call logs, social media) to dispute accusations
- Securing expert testimony in psychology, digital forensics, or toxicology to undermine prosecutorial narratives
- Highlighting bias and groupthink in small-unit investigations and witness statements
- Formulating persuasive rebuttals for GOMORs, separation boards, and clearance suspensions
Why Choose Gonzalez & Waddington in Korea
Our firm is recognized in Korea for fiercely defending U.S. troops. We have successfully defended high-profile cases at Camp Humphreys, Kunsan, Osan, Yongsan, and Camp Casey. We understand both the U.S. and Korean justice systems and have long-standing relationships with expert witnesses and translators to build robust defenses.
- Over two decades of experience defending UCMJ and SOFA cases across Asia
- Former JAG lawyer with firsthand knowledge of Korea’s legal landscape
- Authors of influential cross-examination and trial strategy manuals
- Widely respected for aggressive, detail-oriented defense work
- Featured in media outlets for defending troops in high-pressure environments
- Deep understanding of the Republic of Korea SOFA, local police procedures, and cultural nuances
Contact Our Korea Military Defense Lawyers & Court Martial Attorneys
If you are accused of misconduct in Korea, time is critical. Do not talk to CID, OSI, or Korean police without counsel. Contact our firm immediately to ensure your rights are protected and your case is prepared by experts.
➤ Contact Gonzalez & Waddington for a Confidential Consultation
South Korea Military Defense Lawyers – Court Martial Attorneys – Frequently Asked Questions
Should I speak to Korean police or CID without counsel?
No. Politely request an attorney. Korean police interrogations can be lengthy, and anything you say may be shared with U.S. investigators. Having a qualified attorney present ensures your rights are safeguarded and prevents misinterpretations that could harm your case.
Do Korean authorities have jurisdiction over U.S. service members?
Under the U.S.–ROK SOFA, Korean police have jurisdiction for crimes committed off post. The U.S. military retains jurisdiction for on-post crimes and uniquely military offenses. Many cases involve both systems, so understanding your SOFA rights is crucial, and having a civilian defense lawyer is vital to navigate both systems.
What are common punishments for UCMJ convictions in Korea?
Punishments can include reduction in rank, confinement, pay forfeiture, dishonorable discharge, and sex offender registration. Additionally, commanders often impose off-limits restrictions and curfews during investigations. Aggressive defense is necessary to minimize or avoid these consequences.
Are administrative separations common in Korea?
Yes. Commands frequently initiate separation boards when allegations arise to quickly remove a service member from the unit. Because the burden of proof is lower than a court-martial, legal representation is essential to fight these actions and preserve your career.
Who are Michael and Alexandra Gonzalez‑Waddington?
They are renowned military defense lawyers with decades of experience defending U.S. service members across Asia, Europe, and around the world. Michael Waddington is a former Army JAG, and Alexandra Gonzalez‑Waddington is a skilled trial attorney. Their firm is known for aggressive defense strategies and for winning cases in difficult environments like South Korea.