[논문] 군사법제도의 개선방안

• 영문명: Reformation Plan of Military Law System
• 발행기관: 한국형사법학회
• 저자명: 송광섭(Song Kwang-Soub)
• 간행물 정보: 『형사법연구』형사법연구 제24권, 337~364쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

Under the terms of the Constitution of Article 110, Clause 1, the military court was established as the special court and prescribed the military legal procedure in the military court law. In this paper, the practical reformation plan of military law system was presented on the basis of each administrator's reformation plan of military law system. To do this, the military system reformation parts which are currently processing are divided into investigation system and military court system. The summary of reformation plan of military law system which was presented in this paper are as follows; Firstly, military prosecution should become independent internally and externally, and also it should achieve the establishment of military police control related law, the attainment of investigation power about military law police control and the class upward tendency of military police. Secondly, the lawyer system should be reformed resolutely and should admit personal lawyer system for military soldier. And also, qualification and fee for government appointed lawyer should be improved in order to attaining practical public defend. Thirdly, the control of accommodation facilities of unconvicted prisoner should be specified and also the name of that facilities should be changed from "영창", and finally military prison should be established. The military plans of military court system are as follows; Firstly, marcher system and judge system should be abolished because of the damage of military law independence and should accomplish the military law independence. Secondly, a circuit military judge system should be discussed from the side of military law independence and fairness. The transfer of the military court to non-military court and the attainment of military judge should be considered from the side of military law development. Finally, the separation of military prosecutor and military judge should be achieved to avoid the blame of close relationship trial.

목차

Ⅰ. 서 론

Ⅱ. 군 수사제도의 개선

Ⅲ. 군사법원제도의 개선

Ⅳ. 결 론

[Abstract]