군사법제도 발전방향 모색을 위한 연구

Abstract

Most South Korean regards the reason of human rights violation in military comes from unjust military judicial system. It is uncertain that recognition rely on the military judicial system or managerial problems. Human rights violation in Korean society occurs not only military but every where in society. The tendency of decreasing population in South Korea reflects South Korean military. Most family in South Korea adapt one or two children policy. It results variable conflicts and accidents such as suicide, most conscription enlisted feel uncomfortable during military service because of strict military life. Moreover the societal atmosphere blame military system as the source of human right violation. Of course this insistence may be unreasonable. However military authority is responsible human right problems at military barracks, if there are some problems during processing and management of military judicial system. Recently there are some opinions which insist the abolition of military court will be more suitable to realize philosophy of Constitution in terms of citizens convergence. Realization of reasonable military judicial system will refine unfair military legal system including authority of jurisdiction and trial examiner. Through these processing, it will be possible to satisfy citizens demand. Revised legislation should be consider that civilian court have right to judge to military personnel in non military sphere during peace times. It should be reviewed whether military prosecution system sustain or not during peace times. Even though persons who are under military jurisdiction such as not only military personnel but also civilians who are working at military base, should be sent to civilian court during peace times. Also relations between prosecutor officer and military police investigator should be examined and consider which system is more effective to accomplish military role and to secure human rights. The history of South Korea military judicial system has been passed over 70 years. However a society also has been changed and it is the time to scrutinize and consider a revolution of South Korea military judicial system. We have to make an endeavor to eliminate malfunctions of South Korea military judicial system. The direction of discussion at this article will be to operate military judicial system during war time only.