군사법원과 개정 군사법원법에 관한 소고

The military justice system is a justice system that governs everyone who belongs to the military. The most important norm for the military justice system is the Military Court Act. Article 110 (1) of the Constitution(Courts-martial may be established as special courts to exercise jurisdiction over military trials.) means that A military court may be established as a special court with different organizational powers and qualifications of judges from the general court. Not only did it give legislators general authority over the creation of a military court, but it also gave them fairly broad legislative formation rights. Therefore, it is relatively easy to recognize content that does not meet the restrictions on basic rights, including the right to request a trial stipulated by the Constitution, and the independence guaranteed by the general court. However, even if a military court does not belong to a general court organization in form, it is a functional judicial law, so the institution that exercises it must be organized appropriately for the nature of its function. Even if the organization, authority, and qualifications of judges are set differently, the essential elements as a judicial function cannot be abandoned. The reason for the existence of the military court is the specificity of the military organization and military trial, and the realization of judicial justice is the ultimate purpose. However, due to this specificity, there were also a number of side effects. In this reflective consideration, the Military Court Act has been revised and implemented. In detail, the abolition of the High Military Court, the transfer of status jurisdiction, and the special provisions for wartime were reviewed. Regarding the transfer of status jurisdiction, it pointed out the problem that the jurisdiction of the military court is actually lost or the jurisdiction of the military court is punished as a special court if the dualization of jurisdiction and the scope of contenders are broadly viewed in crimes that cause death, and improvement measures were suggested. When wartime special provisions are applied, there is no clear regulation on the relationship between the military court and the military prosecution in peacetime, so problems in the relationship were pointed out and improvement measures were suggested.