군형법상 성범죄 규정의 문제점과 개정방향 (The Point in Question of Sex Crime Regulation in Military Criminal Act and the Direction of Revision)

서지정보

· 발행기관 : 원광대학교 법학연구소
· 수록지 정보 : 원광법학 / 28권 / 4호 / 185 ~ 208페이지
· 저자명 : 윤상민

초록

The Military Criminal Act of Korea has been legislated in 1962. There have been 14 times of revision thereafter. These revisions were the levels modifying the terminology according to the revision of other act or adjusting the amount of sentence stipulated in the Act. Hence, the criticism for the Military Criminal Act is being presented constantly. There has been a revision for the Military Criminal Act recently in November 2, 2009. The new regulation punishing the rape and the indecent act by force targeting the military has been established in this revision. The regulation punishing the rape wound, rape murder, etc. has been established as well. The Sodomy has been modified and the statutory punishment has been raised to 2 years.
There could be the criticism in connection with this revision as follows; It is not reasonable to lay the regulation of additional punishment in the Military Criminal Act for the simple reason of serviceman whereas there already are the regulations punishing the rape and the indecent act by force in the Criminal Act and there are the regulations punishing the various types of rape and the indecent act by force in the special Criminal Act. Also, the homosexuality between men soldiers is punished by the sodomy which is the lack justification.
Therefore, the deletion of the rape and sodomy in the Military Criminal Act is reasonable.

영어초록

The Military Criminal Act of Korea has been legislated in 1962. There have been 14 times of revision thereafter. These revisions were the levels modifying the terminology according to the revision of other act or adjusting the amount of sentence stipulated in the Act. Hence, the criticism for the Military Criminal Act is being presented constantly. There has been a revision for the Military Criminal Act recently in November 2, 2009. The new regulation punishing the rape and the indecent act by force targeting the military has been established in this revision. The regulation punishing the rape wound, rape murder, etc. has been established as well. The Sodomy has been modified and the statutory punishment has been raised to 2 years.
There could be the criticism in connection with this revision as follows; It is not reasonable to lay the regulation of additional punishment in the Military Criminal Act for the simple reason of serviceman whereas there already are the regulations punishing the rape and the indecent act by force in the Criminal Act and there are the regulations punishing the various types of rape and the indecent act by force in the special Criminal Act. Also, the homosexuality between men soldiers is punished by the sodomy which is the lack justification.
Therefore, the deletion of the rape and sodomy in the Military Criminal Act is reasonable.

참고자료

· 없음