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군형법 제92조의6의 개정검토

Author
김회동, 김기범
Journal Title
법학연구
Publication Year
2020
Summary

This paper addresses the issue of differing rulings from civilian and military courts regarding Article 92-6 of the Military Criminal Law (crime of molestation), pointing out the uncertainty in legal relations. It analyzes whether there were other considerations for the Constitutional Court's previous decisions beyond simple legal review and predicts the Court's future decisions on unconstitutional law review and constitutional complaint cases. Considering the military authorities' position on the need to maintain the law, it suggests a reasonable direction for the Constitutional Court's decision and proposes an amendment to the Military Criminal Law to resolve related issues if possible.

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