진정한 용서를 통한 회복적 군사법제도

Abstract

Uniform Code of Military Justice and Military Court Law are recently challenged and brought attentions by both inside and outside of army. it is also needed to carefully and thoroughly review the application of Uniform Code of Military Justice (UCMJ) and the entire process of military law progress which had been proceeded in army ever since. In demands of the times, constitutional administration of open and aboveboard military jurisprudence base on more realistic and rational legal profession clause is required. Then, what should be done? If there is to be fixed, a revision can be made with finality and purposiveness. Yet, not to destroy the foundation of the military and military jurisprudence stated in the constitution, contemplated revision should be followed by a proper research. Together, regarding those currently discussed revisions to controversial issues, law and regulations and systems that can arrange the current situation approached by extensive research from worldwide point of view and attention should be introduced as soon as possible for the protection and development of the military itself and the entire member of the military. Hereupon, this research suggests the introduction of restorative justice in military jurisprudence as a good revision which can not only satisfy the distinctiveness of the military jurisprudence and but also make up for the weak points. Restorative justice is already positioning itself as one of the successful method to the criminal justice system in many countries and the longer it has been applied to the system, the more it has had great impact on the system. Especially, also in Korea, police force, public prosecutor, and even courts had already applied the restorative justice to their system and had achieved the desired, yet realistic results. Furthermore, because young soldiers in the public service at front line of our military fall into those young adults' age group, it also has to be observed that restorative justice is preferentially applied to young adults who are more likely to be contingent and impulsive. In first place, the military authorities should recognize that recently restorative justice has been actively applied to the juvenile delinquents to provide them the opportunity to have a bright future like former conditional suspension of indictment and probation, and should not hesitate to introduce it to their own system as well. However, in applying Military restorative justice, there are also some parts that should be seriously considered in military. In other word, compare to the ‘reconciliation’ and ‘arbitration’attained by restorative justice in general public, it should be a far higher level of ‘reconciliation’ based on sincere ‘forgiveness’ in military, It is due to the distinctiveness of the military, which the victim and offender may have a chance to live in the same community with each other after the judicial arrangement.