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
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Article 47, Military Criminal Act of Korea provides that a person violates or fails to obey any justifiable general order or regulation shall be punished by imprisonment or imprisonment without prison labor for not more than two years(Amended by Act No. 9820, Nov. 2, 2009). Although this provision has been right and just, both the interpretation and the application must be careful not to make an arbitrary decision and refrain from making a board interpretation. In this respect, this clause is too vague. Especially, it is not clear concept, content and legislator of 'order or regulation'. Nevertheless, The Constitutional Court of Korea and The Supreme Court of Korea has handed down its decision with constitutional.
However, this trend requires special attention, the Constitutional Court of Korea ruled in 1995 and 2011 that Violation of an Order was indeed unconstitutional, with four out of its nine justices speaking in one voice for the stated 'second violation of an order judgment'. Article 47 have a matter of great problem in relation to the principal of 'nulla poena sine lege'. Therefore, an immediate revision of this provision is needed. In conclusion, Article 47 should be abolished. The contents of 'order or regulation' which has ruled under Violation of an Order should be dealt to add a clause or disobedience.
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