군형법의 문제점과 개정방향

Abstract

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 legisla- tion 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 decriminal- ized, that those clauses which apply to the citizen be abolished, and that provisions be made for the abuses of the higher officers’ power.