Are there cases where even a person who is not a soldier is subject to the Military Criminal Act?

You have asked about the application of the Military Criminal Act. Under the Military Criminal Act, military civilian employees and military academy students who have military status are also punished under the Military Criminal Act.

In the case of reservists, if they are called up and an incident occurs during their service, the Military Criminal Act applies in the same way as to active-duty soldiers, and they can be punished.

Depending on the matter, there are provisions of this Military Criminal Act that apply even to civilians who are not soldiers.

Representative examples are punishments related to espionage, destruction of military supplies, and the supply of harmful food.

Unlike general law, the Military Criminal Act imposes more severe punishment given the nature of an organization that handles state secrets.

Therefore, even if the same crime is committed, there is a difference between the sentence an ordinary person receives and the sentence imposed under the Military Criminal Act.

If a matter is subject to both the Criminal Act and the Military Criminal Act, the Military Criminal Act applies under the principle of the priority of special law, so a more severe punishment is imposed.

In addition, a criminal record remains in the same way as with ordinary criminal punishment, and caution is required because the military police conduct the investigation and a military prosecutor directly decides whether to indict.

If you become involved in a matter under the Military Criminal Act, it is important to consult a military law attorney and establish a strategy for defending against punishment under the Military Criminal Act.