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TheHistoricalBackgroundandRelatedProblemsof EnactmentofMilitaryCriminalLaw

박안서 1

1육군종합행정학교

Accredited

ABSTRACT

Features ofThe Korean Military CriminalLaw are connected with the korean modern history.TheKorean MilitaryCriminalLaw wasenacted by NationalReconstruction Commission (nottheNationalAssembly)in 1962. The forms, legal terms, crimes and penalties of the Korean Military CriminalLaw aresimilartotheoldJapaneseMilitaryCriminalLaw.Sowe can see thatThe Korean Military CriminalLaw has mainly roots in the Japanese Military CriminalLaw of1942.The Japanese Military Criminal Law of1942hadthefeaturesofseverepunishments,commander'sabsolute liability, subordinates's absolute obedience to senior. Because Imperial Japanese Army unreasonably waged aggressive wars against many countries and ImperialJapanese Army's soldiers are absolutely forced to obey to the emperor, so the Law is aiming to establishing the strict discipline.Thus there are many capitalpunishments,life imprisonments,10yearsimprisonmentsintheJapaneseMilitaryCriminalLaw of1942.And in 1950~1953,theRepublicofKorea suffered from theKorean War.The warinfluenced therevision ofKorean Military CriminalLaw.Asa result,the Korean Military Criminal Law is more severe than the Japanese MilitaryCriminalLaw of1942.TheKorean MilitaryCriminalLaw isrevised 14timesafterenactment.Butthelaw wasn'tchanged much,sothelaw hassamefeaturesandproblemsofJapaneseMilitaryCriminalLaw of1942. The Korean Military Criminal Law has been brought before the ConstitutionalCourtseveraltimes.Besides,Many scholarscriticizesevere punishments,conflicts with human rights and indefiniteness ofthe law. They stress thatthe law violates the principle ofnulla poena sige lege. Thereforeweneedtoconsiderthelaw'sfundamentalrevisionnow.

Citation status

* References for papers published after 2022 are currently being built.