(사)국제융복합연구원

키워드

초록

The Military Criminal Act is a special law of the criminal law that defines acts
that violate the organization and order of the military as crimes and stipulates punishment
for them. Since its enactment in 1962, the Military Criminal Act has been revised 19
times to date. So far, through the revision process, the military criminal law has been
strengthened and the military criminal law has been strengthened, such as rationally
adjusting statutory sentences according to social democratization and military
development trends. However, looking at the revision process of the Military Criminal
Act, while the basic system of the Military Criminal Act is maintained, it is limited to
partial revisions such as the scope of application of the Military Criminal Act, adjustment
of statutory sentences, and partial revisions due to unconstitutional provisions and
revisions of other laws, failing to achieve fundamental improvements. The main problems
of the criminal law include controversy over violation of the legal principle of criminal
punishment, overlapping regulations with the criminal law, heavy statutory sentences,
and unwritten regulations. Recently, changes have been seen in the military's improved
awareness of human rights and Supreme Court precedents. Accordingly, the Military
Criminal Act also needs reasonable revision to improve the problems raised so far,
guarantee the human rights of soldiers, and adapt to changes in the times.

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