軍內 未決收容者의 法的地位에 관한 考察

Abstract

Currently, plans to improve the problem of pre-trial inmates inside the military guardhouse is under consideration along with Military Law Reform discussions, on the aspect of protection of human rights. The plans include figuring out the current status of the military personnel in the guardhouse from the National Human Rights Board. However, due to the Military's characteristic of closure, evaluations of the human rights in military guardhouse inmates are not being trusted despite continuing efforts of the military to protect their human rights. Especially, because most of the inmates of the military guardhouse are those who have not received their trials, there is a good chance that the human rights can be violated. According to the current law, presumption of being "not guilty" should be applied to those who have not received their trials because their guilt have not been proven yet, and they have the legal rights to get assistance from lawyers. However, there is a tendency to regard the pre-trial detention as part of post-trial punishment and to treat those who have not received the trials as those who are under disciplinary punishment after their trials. Hence, it is very important to investigate the legal status of the pre-trial inmates and to search for policy changes including treatment improvements. Therefore, it is absolutely necessary to get rid of the disbelief that military guardhouses are more closed and disregard human rights, compared to civilian detention facilities. It is also important to grope plans to protect the human rights of the pre-trial inmates and provide them enough education for rectification.