High Court Armed Forces Republic of Korea

Article 27(1) of the Constitution states, “all citizens shall have the right to be tried in conformity with the Act by judges qualified under the Constitution and the Act.” This provision presupposes that every citizen will be tried by the ordinary (civilian) criminal courts for alleged offenses. Therefore, the Constitution further states in Article 27(2), “citizens who are not on active military service or employees of the military forces shall not be tried by a military court within the territory of the Republic of Korea, except in case of crimes as prescribed by Act involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law.” In other words, civilians are generally not subject to the jurisdiction of military trials.

 

In accordance with these provisions, Article 2 of the Military Court Act provides that military courts have jurisdiction over military persons in active service, civilian employees of the military, candidates, reserves who has been called up to perform actual service, and so on. In addition, prisoners of war administered by the Republic of Korea Armed Forces are subject to the jurisdiction of military courts. Any crimes under the Criminal Act and the Military Court Act are all subject to the military courts’ jurisdiction, including offenses committed before the person obtained the status of military personnel. On the contrary, a person not on active duty (ex. discharged) who committed crimes during his/her active status is not subject to the jurisdiction of the military courts. Therefore, if the person committed military crimes, the civilian court will hear the case by applying the Military Criminal Act .

    

Ordinary citizens may be subject to the jurisdiction of the military courts, as articulated in the Constitution, for certain crimes involving important classified information, sentinels, sentry posts, the supply of harmful food and beverages (to the military), prisoners of war, military articles and military facilities. The Military Court Act and the Military Criminal Act provide the specifics. For example, citizens will be subject to the jurisdiction of military courts when they unlawfully take military weapons or trespass a sentry post of a military base.

 

 

 

하단배경영역