군사법원법상 군사법경찰관의 구속기간 연장 규정의 위헌성

Constitutionality on prolongation of detention period under military court act.

From the legal point of view in military court the principles in the constitutional law and in the criminal procedure law are not fully realized comparing to civilian court. This point casts shadow on guarantee of human rights. The poinr at issue is to strike comparative balancing of interest between speciality of the military and guarantee of human rights in connection with military court. It is likely that we have given more weight to speciality of the military so far. But speciality of the military is fading away according as the general people and soldiers are more conscious of the inalienable rights of a human being. It is impossible to realize human rights state with the military leaving dead ground of human rights. We cannot forget that a soldier is citizen in uniform. It is high time that we should improve clause 242 first paragraph of military court act and its related provisions in such a way to meet the realisric needs of society.