군사법절차에 있어서의심판관 제도의 현황과 개선방안

Abstract

Our military justice system has accepted the U.S. military justice system. But Our military justice system changed greatly through the revision of Military Court Act of 1961, 1981, 1994, 2008 and 2010. There are 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. 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. So, the request of reforming the military judiciary system has been presented in recent years. And reforming of the military justice system is esteemed one of the efforts for the democratization and social development in our country. Some of jurists advocated the abolition of Military Court Act, especially convening authority system and judging officer system to make the democratized justice system. And they assert that development of democratic society in our country can be completed by democratization of the military. 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. So, I oppose the abolishment of Military Court Act and judging officer system because I think we have to preserve the uniqueness and mission objectives of the military in the military judicial system. Instead of that,I will suggest the several improvement of judging officer system in order to secure the objectivity and fairness of judgement and to guarantee the independence of the military judiciary in this paper.