현행 군형사법 체계의 합리적 개선방안

Abstract

As a basic law that regulates the system and composition of military justice, the Military Court Act has undergone numerous revisions based on the Military Courts Act enacted in 1962, and when viewed from a larger perspective, changes in practical meaning are still lacking. Although this was discovered, it is also true that relatively recent revisions have brought about significant changes. Unlike the Military Court Act, which has gone through about 40 revisions starting from the Military Court Act enacted on January 20, 1962, the Military Criminal Act, which is a substantive law, has been relatively revised in terms of frequency and content of revision even though it was enacted at the same time. It has gone through a gradual change. This difference can be seen as a natural result of the nature of procedural law and substantive law, but despite various controversies, including the unconstitutionality of the military criminal law's requirements, the actual revisions are too passive and insufficient to give practical meaning. many.
 In this way, unlike the Military Court Act, the Military Criminal Act does not show any significant changes in reality, but considering the social distrust of military justice and the resulting need for change, the immediate task is to explore the necessity and direction of change in the Military Criminal Act, which is the substantive law. It has been done. The purpose of this article is to examine whether there are any problems or need for improvement in the Military Criminal Act in connection with the revisions to the Military Court Act, and based on this, to present alternatives to improve the problems of the Military Criminal Act. In conclusion, we cannot support the position of the Ministry of National Defense, which has consistently argued that it is premature based on arguments that cannot be agreed upon, and emphasized that it is time to move forward with drastic reform of the military criminal justice system. And the starting point should be found in the temporary legalization of the military criminal law, which is a substantive law, and the subsequent abolition of peacetime military courts, through which it was believed that the ultimate liquidation of the peacetime military criminal law system would be possible.