「군사법원법」개정에 따른 성폭력 피해자 보호 개선방안에 관한 연구 : 법규 및 지침 분석을 중심으로

Abstract

As the number of cases of military sexual violence increases, the conflict between the scope of application by status and the laws related to military sexual violence is very important for protecting victims of sexual violence in the military. However, after the revision of the “Military Court Act”, a systematic review of personnel laws related to victims following the transfer of military sexual assault cases to the private sector and discussions on reorganization of the laws were insufficient.
 Accordingly, this study focuses on the revised ‘Military Court Act’,‘Military Personnel Act’, ‘Military Civil Servant Personnel Act’,‘Framework Act on the Status and Service of Soldiers’,‘State Public Officials Act’ and ‘Framework Act on Prevention of Violence against Women’ related to the protection of victims of military sexual violence , ‘Sexual Violence Prevention and Victim Protection Act’, 'Military Criminal Act', such as ‘Enforcement Decree of the Framework Act on the Status of Soldiers’, 'Military Criminal Act', 8 related laws,‘Enforcement Decree of the Framework Act on the Status of Soldiers’,'Enforcement Decree of the Military Civil Servant Personnel Act',‘Unit Management Instruction’, 2 Presidential Decrees and 1 Administrative rule data were analyzed. Through review of related laws and regulations, we reviewed the conflicting limits of the scope of application by status and reporting obligations, and analyzed the 'Secondary Victimization Prevention Guidelines' of 9 government agencies, additional provisions of specific and active secondary victimization prevention guidelines for the protection of victims of sexual violence were discussed. Based on this, measures to improve the laws and guidelines related to the protection of victims of military sexual violence were presented, and through reorganization of related laws and regulations in the future, the unification of military sexual violence personnel related laws and regulations and countermeasures that reflected the special characteristics of the military were discussed.
 This study objectively analyzes the application of personnel laws and regulations for victims of sexual violence through the transfer of military sexual violence to the private sector after the revision of the 'Military Court Act' and objectively analyzes the problem of conflicting obligations in the event of a sexual violence incident. It is meaningful in that it was discussed to prepare measures to improve protection.