미국의 군사법제도에 있어서 지휘관의 권한

The Republic of Korea has accepted the U. S. military justice system through the adoption of『the Army's Articles of War』of U. S. in the year 1948. This thesis examines the commander's authority to exercise dispositions regarding military crimes in the military justice system of the United States of America. The purpose of this paper is to contribute to discussion on the constitutional amendment including the military justice system which will take place probably in this year in Korea, by researching the. U. S. military justice system which is most relevant to the Korea counterpart. The contents regarding the U. S. commander's authority of the thesis are the investigation right(preliminary inquire), alternative dispositions(the nonpunitive measures, the administrative corrective measures, the nonjudicial punishment, courts-martial), pretrial restraint(conditions on liberty, restriction in lieu of arrest, arrest, confinement), referral of charge, UCMJ Article 32 investigation, convening a courts-martial, types of courts-martial(the summary courts-martial, the special courts-martial, the general courts-martial), detailing the courts-martial panel, command prerogative of the convening authority. In conclusion, I perceived that the U. S. military commander's authority to dispose the incidents is stronger than that of the courts-martial, and is more extensive and powerful than the military commander's authority of the Republic of Korea.