If a soldier commits a crime, will they unconditionally face a military trial?

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If a soldier commits a crime, are they unconditionally tried in military court? I'm wondering by what criteria military court and general court divide cases. For example, if a soldier commits a sex crime, do they get tried in military court... or in general court? I'd like to know.

military trial

military criminal

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作者: 박동일

According to Article 2, Paragraph 1 of the Military Court Act, military jurisdiction is held over crimes committed by soldiers, military civilian employees, students at military schools who hold military status, officer and non-commissioned officer cadets, reservists, and supplementary service personnel.

However, despite the above provisions, courts have jurisdiction over the following crimes and crimes in concurrent relationships with them.

For ① sexual violence crimes ② crimes related to deaths of soldiers and the like ③ crimes committed by soldiers and the like before they acquired their status, jurisdiction is excluded from military courts and exercised by ordinary courts.

This exceptional provision involves legal complexity and means that the jurisdiction of military courts and civilian courts may differ depending on the nature of the case.

Therefore, to accurately understand military trial procedures and respond systematically to cases, it is advantageous to seek consultation with a specialized attorney with extensive experience in military cases.

By receiving assistance from a legal expert, you should clearly identify the legal issues and respond systematically to the case based on this.