군 사법절차의 관할관 확인조치권에 관한 비판적 고찰

Abstract

Our military justice system has several characteristics - the convening authority system, judging officer system and the single-trial system under martial law etc, - in this system, unlike in the general criminal judical system. But under our current military justice system the military commander's authority to deal with the incidents is stronger than that of the military-court that tries soldiers for crimes. They supervise the military prosecutor's offices and the general military courts as a convening authority. But this system is being widely criticized because it interrupt the right to receive a fair prosecution or trial of th accused. Most people don't trust our military judical system because they believe that commander intervene excessively in the military judicial procedure. And some people think it violate the Constitution. So, some of jurists advocated the abolition of Military Court Act, especially convening authority system and judging officer system to make the democratized justice system. But, the armed forces exist to secure the scared mission of nation security and the defense of the land. Therefore the military judicial system also should serve to help to enforce military-discipline and to maintain fighting strength. I oppose the abolishment of Military Court Act and the convening authority system because I think we have to preserve the uniqueness and mission objectives of the military in the military judicial system. But I think the convening authority confirming procedure should be abolished in the peace time, unlike in the war time, because it is feared that it infringe the fairness and rationalization of the military judiciary. And this system have to be make the greatly complement in order to in order to secure the objectivity and fairness of judgement and to guarantee.