군 사법제도 개혁과 헌법적 의미에 대한 소고

The issue of human rights and fundamental rights of the military has emerged as a serious crime and social problem that should no longer be concealed or tolerated, and has also caused serious infringement of fundamental rights. In the meantime, we have allowed exceptional situations in the military justice system in consideration of the special situation of the military, but this has resulted in a great distrust of the military justice system. Until now, the military judicial system in Korea has been severely hindered by the constitutional principle of separation of power, the independence of the judicial power, because the influence of the commander from investigation, prosecution process to judgment has been very strong. The amendment to the Military Court Act abolishes the jurisdiction system and the judge system, which have been continuously raised in order to secure the independence of the military judicial system. The contents of the investigation and trial of the crime committed by the sexual violence crime, the crime that caused the death of the soldier or the military officer, the crime committed by the soldier or the military officer before the acquisition of the status were changed from the first trial to the private court. The appeal was decided to be transferred to the Seoul High Court, a private court, while abolishing the High Military Court. The above system changes clearly show that the social consensus that has been attempted to solve various problems in the military has been accepted to some extent and changes are taking place in the military judicial system. Above all, this change should ensure independence, fairness and transparency of the military judicial system. The fact that our Constitution allows us to establish a military court as a special court is to guarantee the autonomy of the military judicial system within the framework of the Constitution. Since the military court was recognized by considering the special nature of the military, the military judicial system should be maintained, improved and developed in accordance with the constitutional order and judicial justice under constitutional control, and it should be changed to protect the human rights and fundamental rights of the soldiers and the people more faithfully.