부산대학교 도서관

The most important and essential issue in military law is whether courts-martial as peacetime special courts are necessary. The earliest form of military justice system in Republic of Korea was the court-martial established by the Defense Security Law, promulgated on 07. 05. 1948. Similarly to its U.S. counterpart the system put heavy emphasis on the role and authority of commanders. While the commander-centered justice system may be effective during wartime or in comparably exigent circumstances, its peacetime application has been at substantial odds with the popular legal sentiment, mainly because the military system operates under goals and ideologies that are different from those of the civilian system. In order to bridge this discrepancy, legislators have enacted a series of amendments aiming to fortify the independence of courts-martial from the influence of the commanders, and thus to make them more akin to civilian courts. In the case of the revision bill of the government legislation and the military court law proposed by the National Assembly, the purpose and purpose of the amendment bill are to establish a fair military law system through the reform of the military law and to ensure that soldiers have the same level of jurisdiction as the private court. The contents conflicting with the criminal procedure law, which is a system, are so unconstitutional that it is necessary to review the main problems and to suggest improvements in the revised bill.