군사법원 제도의 개선방안에 관한 헌법적 소고

Article 110 (1) of the Constitution stipulates that “A military court may be established as a special court for jurisdiction over military trials.” This allows the establishment of military courts to maintain military flags quickly and appropriately in consideration of the specificity and importance of military missions, and to establish military command. Paragraph 3 of the same article stipulates that “The organization and authority of the military court and the qualifications of judges are determined by law.” The Military Court Act was enacted in order to guarantee the conditions for performing duties, and a system unique to the military court was established, such as the judge system and the competent authority system. However, despite this intent, the judges system and the jurisdiction system have been recognized as a fundamental cause of distrust of the litigants and the public about the results of the military court’s decision, and have been a key object of reforming the military judicial system. Not all can be justified just because the specificity of the military is guaranteed by the constitution, which allows special courts to be formed. Until now, the people had been hoping for the military to solve the military problem on its own. Such a passive attitude can be said to be the cause of the failure to actively lead the reform of the military judicial system until now. This paper points out that a series of incidents lie in institutional problems within the military, and attempts to present its own alternatives through a review and constitutional limitations of the current military courts to solve the problem of the judicial system within the military.