(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. Due to its nature as a special criminal law of the general criminal law, the
Military Criminal Act specifically defines as crimes ‘pure military crimes’, that is, matters
that are not defined as crimes in the general criminal law. However, the following
problems have been identified with the pure military criminal provisions under the Military
Criminal Act. First, the terms and contents are unclear, so there is a possibility that it may
violate the principle of clarity of the criminal law, so it is necessary to specify the
structural requirements or revise the wording, such as unification of terms. Second,
compared to the general criminal law, punishment for preparation and conspiracy is
required. Thirdly, regulations that need to be newly established because there are no
regulations or punishment provisions such as regulations on 'enemy warfare', thirdly,
regulations that need to be deleted due to legislative duplication or unnecessary
provisions with other provisions of the General Criminal Act or Military Criminal Act,
fourthly, the organization of other chapters and sections of the Military Criminal Act, etc.
Regulations that need improvement, such as arbitrarily organizing crimes and criminal acts
without commonalities in composition and moving them to similar crimes, five Second, it
is necessary to improve punishment regulations, such as disciplinary action, due to
excessive statutory punishment. Accordingly, the military criminal law must be improved
on the individual components and statutory sentences (punishments) mentioned above. In
addition, there is a need to minimize overlap with the general criminal law and reorganize
it to focus on pure military criminals. In particular, even though the general criminal law is
capable of sufficient righteousness, creating a separate military criminal law simply to
balance it with the criminal law will only result in an increase in overlapping provisions. In
addition, new provisions need to be established to punish illegal acts by superiors, and the
composition of each provision of the Military Criminal Act should be reorganized with
relevance and principles, such as the overall legal system and protected legal interests,
compared to other laws such as the Criminal Act.

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