특별법원에 대한 헌법해석

• 영문명: A Study on Constitutional Interpretation of Special Court
• 발행기관: 세계헌법학회한국학회
• 저자명: 오동석(Oh Dong Suk)
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第14卷 第2號, 127~146쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.07.01

영문 초록

  The Korean Constitution prescribes military courts as special courts to exercise jurisdiction over military trials. The existing academic opinions understand special court as a extraordinary court. A extraordinary court means either court which the Supreme Court don"t have the final appellate jurisdiction or court which military officers as its judges participate in. Therefore court-martial which is organized by military officer judges, is controled by the commanders of military units and is established by a military unit, is regarded as constitutional.
  I suggest that speciality of military court as a special court should be restricted to the extraordinary contexts as like wartime, for the constitutional duties of the armed forces in order to ensure national security and defense the land, and in case of crimes of soldiers and employees of the military. Because the Korean Constitution guarantees all citizens the right to be tried in conformity with the law by judges qualified under the Constitution and the law, declares the constitutional principles such as the division of powers and the independence of judiciary, and vests the Supreme Court with authority of the final appellate jurisdiction over courts-martial.
  In conclusion, court-martial should be abolished in normal times and be established exceptionally only in war time. If necessary, I think, military court may be organized as a specialized court.

목차

Ⅰ. 서론
Ⅱ. 예외법원과 특수법원의 양자택일적 특별법원 해석론
Ⅲ. 예외법원과 특수법원의 규범적 조화로서 특별법원 해석론
Ⅳ. 결론
참고문헌
ABSTRACT

키워드

특별법원 군사법원 예외법원 특수법원 군법회의 Special Court Military Court Extraordinary Court Specialized Court Court-Martial