군사기지 및 군사시설보호법의 평가와 과제

Abstract

In the past the Army, Navy and Air Force applied their own laws to protect their military facilities. This caused administrative inconvenience and other problems. As a result, the Military Installation & Military Facilities Protection Act was established on 21 Dec 07. The combined law addresses various issues that includes narrowing the scope of the protected military facilities and the civilian passage restriction line regulating compensation for damage complementing the process of loss compensation and regulating demurrer. However, there are still concerns that the military is the main constituent and the law infringes on the local population’s property rightsfor national security. The law needs to protect the local population’s property rights and supplement the administrative procedure. I analyzed the Military Installation & Military Facilities Protection Act, evaluated it, and suggested a task in order to balance local property rights withpublic interest. I made a legislative approach for that purpose. The combined law was shaped out of the Military Facilities Protection Act, yet it kept the roots of the Military Facilities Protection Act. It is the legislation of the maintenance and actual operation of the Protected Military Facilities Zone around the Army. Itis considered that the law accepted the issues from construing law and verdicts of the Constitutional Court. I conducted a general evaluation and individual evaluation of the combined law, and suggested a task. Furthermore, I emphasized the need for the Ministry of National Defense to change its thoughts on the aspects of strengthening national security, as well as accelerating the national development. Additionally, I suggested the introduction of National Security Tax and insisted on the necessity of study on utilization of military reservation in preparation of unification with North Korea. The contents of this thesis are as follows: I. Introduction II. Development process of the Military Installation & Military Facilities Protection Act 1. Military Facilities Protection Act 2. Navy Base Act 3. Military Air Base Act III. Evaluation of the Military Installation & Military Facilities Protection Act 1. Reason for establishing the Military Installation & Military FacilitiesProtection Act and its contents. 2. The 1st amendment of the Military Installation & Military Facilities Protection Act 3. General evaluation of the Military Installation & Military Facilities Protection Act 4. Individual evaluation of the Military Installation & Military Facilities Protection Act IV. Task of the Military Installation & Military FacilitiesProtection Act 1. Change of concept on the Military Installation & Military Facilities Protection Act 2. Task for institutional improvement of Protected Military Facilities Zone 3. Related issues V. Conclusion