中華民國與大韓民國軍法機關組織及軍法官人事制度之比較

A Comparison of the Organizations of Military Justice and the Personnel Af fairs of Mi l i tary Judges and Prosecutors between the Republic of China and the Republic of Korea

我國、韓國及土耳其之軍事法庭最早均設於部隊中，軍官參與審判。歷經違憲（或歐洲人權公約）審查後，我國、土耳其及韓國先後排除參與審判軍官，我國並將軍事法院地區化，但同樣面臨國家安全及軍事需要，我國卻修法致軍事法院及軍事法院檢察署平時僅審理刑事補償，我國及土耳其現僅戰時進行軍事審判。而韓國在經歷公眾人物服役躲避普通法院審判、參與審判軍官不當減刑、軍中性侵害及軍事檢察官偵查不當等爭議，不僅於2021年修法中堅持保留平時軍事審判制度，更將軍事檢察機關統一集中設置於國防部及三軍本部，並重新規範軍事檢察行政監督，明定軍事法院及軍檢察團之組織編裝，平時軍事法院之編裝以法律規定並地區化，各軍檢察團組織則授權國防部以命令訂之。最後明定軍事審判官之身分保障，並設置軍事法院運營委員會及軍事審判官人事委員會，於2022年7月1日施行，實有可供我國參考之處。

Military courts of South Korea, Turkey and our nation were set in the armed forces, and participated by commissioned officers. After trials of constitutions（or the European Convention on Human Rights）, Turkey, South Korea and our nation eliminated commissioned officers from military courts in turn. The military courts were set by districts in our nation. Facing national security and military need, the amendment of our nation makes military courts and offices of military procurators only hear criminal compensation cases in peacetime. Now, military tribunals appear in Turkey and our nation only in wartime. However, after the controversial issues that public figures saw services to avoid trial of civil courts, commissioned officers reduced penalties inappropriatly, sexual assaults in army forces, military procurators investigated improperly, the 2021 Amendment of the Military Courts Act insisted on military tribunals in peacetime, set procuratorial organs in the Ministry of National Defence and the headquarters of the three services closely, regulated administrative supervision of the prosecutors offices, the organization of military courts and military procuratorial organs, and the status of military judges, set military courts by district, and set the Committee of the Operation of Military Courts and the Committee of Personnel Affairs of Military Judges. The 2021 Amendment of the Military Courts Act has been implemented on July 1, 2022. Our nation can learn from it.