(사)국제융복합연구원

키워드

초록

The mission of protecting legal interests through crime prevention under the
criminal law can only be carried out in a limited way through punishment under the
criminal liability law. This is because there are cases where the imposition of
punishment is impossible, and actors who pose special risks cannot be effectively dealt
with only through retributive liability punishment. However, even in cases like this, the
criminal policy need to improve the treatment, education, and resocialization of actors
and to protect society from future risks of objectified actors cannot be denied, and the
system introduced for this need is preventive and purposeful. It is a security disposition.
However, despite this necessity and purpose, those who are not subject to the law on
security disposition are those subject to the Military Criminal Act. However, the reality is
that the military criminal law itself is not related to the lives of general members of
society, and those to whom it applies are limited to a portion of society, so the problem
of special security measures for those subject to the military criminal law is not even
recognized. In fact, it aroused social interest at the time of the ruling based on the
special provisions, but it was naturally forgotten soon after, and now the reality is that
there is no choice but to even recognize, let alone social interest in, the existence of
such a blind spot. With this awareness of the problem, this paper will examine the
necessity of security measures for those subject to the Military Criminal Act, focusing
on the principle of fairness in the application of the law and the purpose of security
measures, as well as the classification of those subject to the Military Criminal Act.

참고문헌 (0)