군인사법상 기소휴직과 사법적구제의 한계 -휴직기간의 재판청구권제한 효과와 관련하여-

Abstract

In case that a military official is accused of the criminal case, an appointment authority holder can order him or her to leave from work. The criminal proceedings, however, are one thing, ordering the leave of absence from work is another. Also, even though the military official is acquitted of the criminal case, disadvantages caused by the leave of absence from work couldn’t be fundamentally compensated. Military Personnel Management Act says that if a military official gets unfavorable treatments like the leave of absence from work, he or she can file an administrative litigation. Through disclosure of information, however, I came to know that it has limits as ex post help for the military official. Even if the military official is the member of special authority relation, his or her basic human rights should be guaranteed in principle. Even when the rights are restricted, the essential contents couldn’t be infringed. Therefore the stipulation on the leave of absence from work needs to be revised.