지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Features of The Korean Military Criminal Law are connected with the korean modern history. The Korean Military Criminal Law was enacted by National Reconstruction Commission (not the National Assembly) in 1962. The forms, legal terms, crimes and penalties of the Korean Military Criminal Law are similar to the old Japanese Military Criminal Law. So we can see that The Korean Military Criminal Law has mainly roots in the Japanese Military Criminal Law of 1942. The Japanese Military Criminal Law of 1942 had the features of severe punishments, commander"s absolute liability, subordinates"s absolute obedience to senior. Because Imperial Japanese Army unreasonably waged aggressive wars against many countries and Imperial Japanese Army"s soldiers are absolutely forced to obey to the emperor, so the Law is aiming to establishing the strict discipline.Thus there are many capital punishments, life imprisonments, 10 years imprisonments in the Japanese Military Criminal Law of 1942. And in 1950～1953, the Republic of Korea suffered from the Korean War. The war influenced the revision of Korean Military Criminal Law. As a result, the Korean Military Criminal Law is more severe than the Japanese Military Criminal Law of 1942. The Korean Military Criminal Law is revised 14 times after enactment. But the law wasn"t changed much,so the law has same features and problems of Japanese Military Criminal Law of 1942. The Korean Military Criminal Law has been brought before the Constitutional Court several times. Besides, Many scholars criticize severe punishments, conflicts with human rights and indefiniteness of the law. They stress that the law violates the principle of nulla poena sige lege. Therefore we need to consider the law"s fundamental revision now.
목차
1. 서론
2. 군형법 제정 이전의 군법체계
3. 군형법의 제정과 주요내용
4. 일본육군형법의 영향과 관련 문제점
5. 결론
〈ABSTRACT〉
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UCI(KEPA) : I410-ECN-0101-2016-390-001813063