Page 260 - 2018 Defense White Paper

[ Chart 6-10 ] Goals and Key Contents of Military Judicial Reform
Ensuring Fair Trial and Protecting Human Rights through

Improvement of Military Courts Improvement of Investigation Systems

Judicial Police and
Organization Trial Prosecution
Others
Transfer jurisdiction Abolish jurisdiction Set up a military Separate military police

over appellate trials to authorities’ rights to prosecutor’s office in in charge of
civilian courts. review decisions and each service. investigations and
Set up military courts reduce sentences. Abolish the those in charge of
that directly report to Prohibit military judges commanders’ right to military operations.
the MND. from taking other legal approve detention Implement measures to
Appoint civil legal
positions. warrant requests. enhance the human
practitioners as heads Protect the status of Provide military rights practices by the
of local military courts military judges. prosecutors with the police.
Abolish lay judges. right to object. Provide the legal basis
Conduct circuit trials. Introduce specific
for the power of the
Introduce participatory restrictions on the military judicial police.
trial with supervision of military Ban the appointment of
servicemembers. prosecutors. enlisted personnel as
assistant military
judicial police officers.
Introduce public

defenders for victims of
military crimes.

| Developing Transparent and Reasonable Investigation Practices | To enhance the
independence of military prosecutors, the MND decided to set up a prosecutor’s off ice in the

headquarters of each service, in lieu of the common prosecutor’s division at division-level units
or higher. The MND also decided to abolish the commanders’ right to approve requests for
detention warrants. 19) As for the expertise building for the military judicial police, the MND

will separate the organizations and functions of the military police in charge of investigations
and those in charge of military operations, provide the legal basis for the administrative police

19) Under Article 238 (Detention) of the Military Court Act, a military prosecutor needs the approval of the head of
the affiliated unit when requesting a detention warrant.

258 Chapter 6 Instilling a High-Morale Military Culture Trusted by the People