장병 인권보호의 새로운 지평, 군 인사소청제도 개선방안:국군체육부대 선수도태처분을 중심으로

In 2014, the examination of petitions on military personnel for soldiers was newly launched in order to settle their treatment. To revise related lower statutes, while the working session was discussing reviewability, installation unit, management department, judge’s organization and appointment of military personnel for soldier, in 2015, a few soldiers who belong to Korea Armed Forces Athletic primally filed an administrative litigation through examination of petitions on military personnel against the athlete selection decision. This case has characterized the procedure problems of military personnel for soldiers. Besides, the lower court precedent has made a significant decision expanding disposability for substantive relief of soldiers’ rights. Since the legislator has decided to permit examination of petitions on military personnel for soldiers, the military should actively use this system not as a perfunctory passing procedure to go through a lawsuit, but as a self-regulating mechanism to be a practical aid. For this, system maintenance is urgently required, the notion of the Disposition should be extended, the member’s expertise and justice should be guaranteed, the installation unit be extended, and an exclusive charge officer be set up in the organization etc.