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@article{ART002967111},
author={Kang, Hyun-Seok and Hong, Tae-Seok},
title={Problems and Improvements to the Revised Military Court Act},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2023},
volume={11},
number={2},
pages={43-75}

TY - JOUR
AU - Kang, Hyun-Seok
AU - Hong, Tae-Seok
TI - Problems and Improvements to the Revised Military Court Act
JO - Legal Theory & Practice Review
PY - 2023
VL - 11
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 43
EP - 75
SN - 2288-1840
AB - The Military Court Act was revised on July 1, 2022. There have been some significant changes in the military's criminal procedures centered around the Military Court Act, and there are voices of dissatisfaction from those involved. Military criminal cases affect not only the parties involved but also the commanding officers and their subordinates who effectively command the unit, so greater preparation is needed for the revision process of this content. In particular, due to recent issues regarding sexual crimes in the military, field commanders are struggling with the military's criminal and disciplinary procedures, including sexual crime cases within their units. The Military Court Act becomes the legal basis for the existence and operation of the military police, military prosecutors, and military courts. Previous discussions on the Military Court Act have mainly focused on whether the existence and operation of the military courts violate the constitutional basic rights of the people from a constitutional perspective. This is because, apart from the constitutional provision in Article 110, which presents the constitutional basis for the military court as a special court within the military, the law delegates organizational, jurisdictional, and judicial qualifications concerning its operation separately. The military court has existed as a special judicial procedure within the military since the Enforcement of the former National Defense Security Act on August 4, 1948, and based on the Military Court Act, the military court, military prosecutors, and military police have been responsible for important functions as a means of establishing the commanding officer's command authority. Therefore, future studies on judicial procedures within the military should focus on research on the specific contents of the military court, military prosecutors, and criminal procedures, beyond the existence of the military court. The revised Military Court Act was quickly amended to alleviate concerns about handling sexual crime cases within the military without sufficient consideration of the ramifications of the revision. However, as explained earlier, military judicial procedures, which involve criminal cases with the military court's jurisdiction, affect both the parties involved and the commanding officers and their subordinate troops in the military. Therefore, significant preparation is needed for the revision process. This article examines the revision content of the Military Court Act, discusses individual problems related to the revision, and reviews them.
KW - Military Court Law;Military Court;Military Prosecutor;Military Criminal Law;Military Criminal Procedure;Sexual assault in the Military.
DO -
UR -
ER -

Kang, Hyun-Seok and Hong, Tae-Seok. (2023). Problems and Improvements to the Revised Military Court Act. Legal Theory & Practice Review, 11(2), 43-75.

Kang, Hyun-Seok and Hong, Tae-Seok. 2023, "Problems and Improvements to the Revised Military Court Act", Legal Theory & Practice Review, vol.11, no.2 pp.43-75.

Kang, Hyun-Seok, Hong, Tae-Seok "Problems and Improvements to the Revised Military Court Act" Legal Theory & Practice Review 11.2 pp.43-75 (2023) : 43.

Kang, Hyun-Seok, Hong, Tae-Seok. Problems and Improvements to the Revised Military Court Act. 2023; 11(2), 43-75.

Kang, Hyun-Seok and Hong, Tae-Seok. "Problems and Improvements to the Revised Military Court Act" Legal Theory & Practice Review 11, no.2 (2023) : 43-75.

Kang, Hyun-Seok; Hong, Tae-Seok. Problems and Improvements to the Revised Military Court Act. Legal Theory & Practice Review, 11(2), 43-75.

Kang, Hyun-Seok; Hong, Tae-Seok. Problems and Improvements to the Revised Military Court Act. Legal Theory & Practice Review. 2023; 11(2) 43-75.

Kang, Hyun-Seok, Hong, Tae-Seok. Problems and Improvements to the Revised Military Court Act. 2023; 11(2), 43-75.

Kang, Hyun-Seok and Hong, Tae-Seok. "Problems and Improvements to the Revised Military Court Act" Legal Theory & Practice Review 11, no.2 (2023) : 43-75.