군사기밀과 죄형법정주의

Abstract

The principle of nullum crimon sine lege, nulla poena sine lege in criminal law means rule according to law. No individual can be ordered by the government to suffer criminal punishment except in strict accordance with well-established and clearly defined laws and procedures. The strict liability in criminal law operates only in respect of statutory crimes. It is reasonable that the Bill of Rights applies with full force to the person in military service and civilian person. And the terms of military secret shall be construed according to the principle of nullum crimon sine lege, nulla poena sine lege in criminal law. In Korean military protection Act, The terms of military secret is defined as follows: “Military secret" means a special media record or object, such as a military-related document, picture, electronic record that is not made known to the general public and, if leaked, could cause clear damage to the national security, and is thus indicated or notified as military secrets or properly protected as such; And in the enforcement decree of the military secret protection Act, classification of military secrets is classified as follows: 1. Class-I military secret: A military secret of value the leakage of which is obviously deemed likely to pose a fatal threat to national security; 2. Class-II military secret: A military secret of value the leakage of which is obviously deemed likely to pose a significant threat to national security; 3. Class-III military secret: A military secret of value the leakage of which is obviously deemed likely to pose a substantial threat to national security. (2) Detailed criteria for the classification referred to in paragraph (1) shall be as prescribed in Table 1 attached hereto. The terms of military secret is defined manifold meanings and wide-ranging, so that it might be violate the right to know. Classification of military secrets is classified as Class-I, Class-II, Class-III, only by difference of term, fatal, significant, substantial. It could be applied arbitrary by the government, especially military authorities. So in conclusion, the purpose of military secret protection is the national security, But the national security must be in harmony with the right of know and the principle of nullum crimon sine lege, nulla poena sine lege.