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Q
Does the Military Criminal Act also apply to civilians?
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I am curious whether the Military Criminal Act also applies to civilians. I thought it was a law that applied only to military personnel, but I think I have heard that certain crimes also apply to civilians. Also, if a former soldier committed a crime in the military but has since been discharged, are they punished under the ordinary Criminal Act? I am curious, so please reply!
Military Criminal Act
crime of leaking classified information
Answer to Related Inquiry
Author: 박동일
In principle, the Military Criminal Act applies only to military personnel; however, for certain crimes it may also apply to civilians.
For example, crimes enumerated in Article 1 of the Military Criminal Act, such as the crime of leaking military secrets, the crime of supplying harmful food, and crimes against a sentry, may apply not only to military personnel but also to civilians.
These crimes are included within the scope of application of the above Act because they can threaten national security and military order.
In addition, a crime committed while serving as a member of the military can be punished under this Act even after discharge. However, in peacetime, only the trial jurisdiction lies with the civilian courts, so the criminal trial takes place in the civilian court with jurisdiction over the person's place of residence.
Thus, one should recognize that punishment under the Military Criminal Act may also apply to civilians, and keep in mind that if a military-related crime occurs, it may be difficult to avoid legal punishment.
Therefore, to help ensure an accurate understanding of legal issues related to the military, it is advisable to obtain the help of an expert.
It is advantageous to clearly assess the situation and take an appropriate legal response through the advice of a specialized attorney.
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