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The Problems of Suspect Detention on the Military Criminal Process and the Plan of Improvement * Lecturer, College of Law, Wonkwang University, Ph.D. in Law Yoon, Sang-Min* 1 of Article 110 of the Constitutional Law is stipulating that Military Court can be installed to control the Military Justice. Due to the above article, we have Military criminal Court Act about Military Court and Military Criminal process. Military Court Art takes the same form and system with the general Criminal Procedure Law except for Military Court and Military Prosecution in the chapter 1 and special case during the war and disaster in the chapter 5, and systems about suspect detention have been adjusting to revision of Criminal Procedure Law. The Ministry of National defense introduced new systems about suspect detention like new arresting systems stipulated in Criminal Procedure Law, warrant substantial inspection and bail before prosecution. Through these, protection of suspect's human rights is consolidated. But despite introduction of these system, many of the suspect's human rights are being infringed because the severe suspect detention happens during the military criminal process. This study will grasp the problem caused by military particularity about system of suspect detention on the military criminal process focused on Military Court Act. And major object of this study is to show the plan of improvement about the these problems. However, the problems only caused by military particularity will be discussed except for the problems of suspect detension system being discussed generally in Criminal Procedure Law.


The Problems of Suspect Detention on the Military Criminal Process and the Plan of Improvement * Lecturer, College of Law, Wonkwang University, Ph.D. in Law Yoon, Sang-Min* 1 of Article 110 of the Constitutional Law is stipulating that Military Court can be installed to control the Military Justice. Due to the above article, we have Military criminal Court Act about Military Court and Military Criminal process. Military Court Art takes the same form and system with the general Criminal Procedure Law except for Military Court and Military Prosecution in the chapter 1 and special case during the war and disaster in the chapter 5, and systems about suspect detention have been adjusting to revision of Criminal Procedure Law. The Ministry of National defense introduced new systems about suspect detention like new arresting systems stipulated in Criminal Procedure Law, warrant substantial inspection and bail before prosecution. Through these, protection of suspect's human rights is consolidated. But despite introduction of these system, many of the suspect's human rights are being infringed because the severe suspect detention happens during the military criminal process. This study will grasp the problem caused by military particularity about system of suspect detention on the military criminal process focused on Military Court Act. And major object of this study is to show the plan of improvement about the these problems. However, the problems only caused by military particularity will be discussed except for the problems of suspect detension system being discussed generally in Criminal Procedure Law.