軍형사법상 회복적 사법 도입 여부에 관한 고찰

Abstract

Criminal justice is a series of judicial actions that deal with crimes that have occurred. Military criminal justice can also be seen as a judicial process for dealing with crimes in the military that exist to preserve peacetime and win wartime wars. The military criminal law based on such a military organization is composed of strong and strict laws based on a crime control model that seeks to suppress and reduce crime as a top priority. The subjects of military criminal law with these characteristics are young people who are fulfilling their constitutional defense duties. They are dedicated at the expense of their twenty important times for national defense. The military criminal law, which is based on strict rules for young Koreans who are sacred to defend their homeland, seems to overlook the reality that their sacrifice can be a bubble even if a minor mistake is made. In the reality of compulsory service, the state needs to minimize the disadvantageous treatment for them. It is the restorative justice that emerged in this agony. Restorative justice aims at breaking away from the simple thought of retributive punishment to offenders, as well as the damages of criminal offenders, as well as the damage of the social community and the restoration of the damages. This is a judicial system that is not found in the strict military criminal law, so if it can be applied to the military society where the duty workers are mostly, it will greatly contribute to the efficiency of military criminal law and the improvement of the human rights of soldiers. In this paper, based on the reconciliation model, consultation model, and circle model, which is a program of restorative justice, this paper examines the systems that can be reconciled with the military criminal justice system. For example, consultation before military investigation, reconciliation mediation after investigation of the military, military crime family council, military minor crimes jury council, military prosecutor decision sentence meeting. If they can be realized through the examination of whether they are introduced into the system of the restorative justice, which is not seen in the current military criminal justice system, the Korean military criminal justice system can make a big change.