군사경찰의 범죄피해자보호 개선 연구

Abstract

The purpose of this study is to suggest the need to strengthen the military police's investigative power for crimes that occur in military units and the direction of legislative and policy revision of the military police's role in protecting crime victims due to the incident. Recently, problems with the investigative power and jurisdiction of the Korean military police have been continuously raised both inside and outside the military, and there have been considerable internal improvement efforts, but it is pointed out that the system has not yet been sufficiently improved. Under the current law, frequent conflicts or inadequate institutional issues have been revealed in the military police investigation process, and these problems have emerged due to the acceleration of the military's civilization, so it is believed that human rights violations of crime victims will become serious. In particular, military police are in charge of investigating civilians with exceptions to most military personnel or military materials for general crimes, so the investigation procedures must be clearly based on laws and minimize possible abuse, but there are insufficient regulations to support them. In addition, the role of a special judicial police officer is also an increasingly important area, but domestic violence crimes and the protection of crime victims in the military unit have become important issues, and the law has been revised. According to the above-mentioned grounds, the enactment of relevant laws and institutional development necessary for the military police to perform their duties for domestic violence crimes (including dating crimes) and crime victims (including soldiers and military family victims) will fall within the scope of military police's important duties in the future. This study examined various related laws such as the Military Court Act and the Judicial Police Management Act, which are the legal basis for the exercise of the military police's investigative power, and derived matters pointed out by the National Human Rights Commission, the National Assembly, and the media regarding the actual effectiveness of the laws. In addition, in the application of various laws and regulations for investigation, military police and general police were compared and analyzed to analyze various disturbances that may cause problems and improvements to overcome them.