군형법의 문제점과 개정방향

• 영문명: The Military Criminal Law of Korea: Its Problematics and de lege ferenda
• 발행기관: 한국형사정책학회
• 저자명: 오병두(OH Byung-Doo)
• 간행물 정보: 『형사정책』刑事政策 第20卷 第1號, 9~32쪽, 전체 24쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

  This article deals with the problems of the Military Criminal Law of Korea(hereinafter as “KMCL”) and de lege ferenda thereof.
  The KCML was enacted after the provisions of the Army Criminal Law and the Navy Criminal Law of Japan, criticized for its militaristic characters and done away with after the World War Ⅱ. Since its legislation of 1962 by the military government, KMCL has been revised 6 times. Its revisions were promoted mainly by the military authorities and civil society didn"t pay sufficient attention to them. Thus, whenever it has been revised, KMCL has got more and harsher punitive clauses without any satisfactory grounds. As lately as 2005, a new bill for the revision of KMCL was introduced into the National Assembly, but not passed through. It has the same traits as its precursors.
  The problems of KMCL could be summarized as follows: firstly, above all, its punishments are too severe for the crime. Secondly, it has too many clauses involving death penalty. Thirdly, it has too many punitive clauses which apply to the citizen. Finally, it hat almost no provisions for, if at all too lenient to, the higher officers’ abuses of the power.
  The legislative suggestions for KMCL are that the harsh punishment and death penalty be readjusted according to and comparing with the non-military criminal law, that unnecessary punitive clauses be decriminalized, that those clauses which apply to the citizen be abolished, and that provisions be made for the abuses of the higher officers’ power.

목차

Ⅰ. 들어가며
Ⅱ. 군형법의 문제점
Ⅲ. 군형법의 개정방향 - 군형법의 전면적 개편
Ⅳ. 나오며
ABSTRACT

키워드

군형법 군국주의 비범죄화 과도한 형벌 the Military Criminal Law of Korea(KMCL) militarism decriminalization harsh punishment