군사법원의 관할관의 확인조치권에 관한 연구

Due to repeated criticism for convening authority’s confirmation procedure in martial court, the confirmation procedure was drastically amended in military court act amendment, which was proclaimed on January 6th, 2016. First, by adding capital punishment, life imprisonment, and imprisonment without labor for life to exception of the confirmation procedure, object of the confirmation procedure was reduced. Second, punishment could be reduced only when the crime happened during diligent performance of plan or task. Third, in case of exerting mitigation, limit of mitigation was under one third of sentence. However, convening authority’s confirmation procedure should be abolished as a rule. The confirmation procedure violates the right to trial and violates the nature of justice. Cognition that jurisdiction is included in military command exercise should not be maintained. Even though convening authority system can be admitted because of military court’s distinct characteristics, convening authority’s right should be within the limit of observing the nature of justice. Only the United Kingdom and the United States acknowledge the confirmation procedure. However, even though convening authority’s confirmation procedure must be abolished in peace time, it should be acknowledged in a state of war.