스위스 군사법원 및 재판절차에 대한 비교법적 접근

The Swiss military court operates in both wartime and peacetime. Since the military criminal procedure follows a three-tier court system, Switzerland has district courts, courts of appeal, and the Supreme Court. The Attorney General oversees the judicial administration of the military court system for a four-year term. In Switzerland, military prosecutors are responsible for indicting suspects, while preliminary judges supervise investigations. Fundamental principles such as independence, orality, directness of trial, and the right to defense must be clearly guaranteed in military trials. The procedure begins with an indictment by the prosecutor. The trial proceeds from verifying the identity of the accused to the final defense. A party dissatisfied with the judgment may file an appeal. When compared with the Korean system, both similarities and differences are observed. Similarities include shared fundamental principles in military trials, trial procedures, and the right to appeal. Differences involve the existence of the Attorney General, the allowance of private prosecutions, and the structure of military discipline in Switzerland. This comparative study offers implications for Korea: the role and status of the Attorney General, limited acceptance of private prosecutions, potential abolition of military courts, and reform of disciplinary measures.