개정 군사법원법의 쟁점과 그 개선방안

Abstract

According to the revision of Criminal Procedure Law, Military Court Law has been comprehensively revised twice recently; the revised law includes enhancing the legitimacy of the procedures of investigation by ensuring a lawyer's right of participation while military prosecutors or military judicial police officers are investigating criminals, improving a detention legal system, such as, in principle, a military judge's interrogating an detention warrant-claimed suspect, introducing the discovery of evidence and preparation for trial system, strengthening the public trial-focused legal system, starting the investigation of the accused after completing the examination of all the evidences, and reinforcing the principle of adjudication based on evidence and a victim-protected system. This article has examined the revised content in detail and reviewed its problems. As ways of improvement on the revised law, This article has suggested providing the military jury trial system like the Judicial Citizens' Participation Trial, seeking ways of reinforcing a military Court's capability as a professional court, constructing the position between a military prosecutors and a military judicial police officer clearly, and introducing the appeal of non-prosecutions and reexamination of the necessity of summary trial.