군검찰사무 운영규정 일부개정이 바꾸는 군형사사법 절차의 전자화: 제38조·제39조 신설

무엇이 바뀌었나

The reasons for amendment and principal contents in the original text of the National Law Information Center state that the Minister of National Defense shall establish and operate an information system so as to efficiently process the materials and information necessary for swift, fair, and transparent military criminal judicial Procedure, shall be enabled to establish and operate a military law-related service portal so that the public may access easily and swiftly the materials managed by that system, and shall establish grounds for utilization support by the Head of the Prosecution Service and for the processing of sensitive information and unique identification information (transcribed with corrections to notation).

The newly created Article 38 (Computerization of Military Criminal Judicial Procedure) paragraph (1) provides that the Minister of National Defense shall establish and operate a military law information system, and that an information portal may be established and operated so that the public may access electronic materials produced or acquired and managed through that system. Paragraph (2) has the Head of the Prosecution Service of the Ministry of National Defense or the Head of the Prosecution Service of each Armed Force support the necessary measures so that military prosecutors, staff of the military prosecution service, or the military judicial police officers under Article 43, subparagraph 4 of the Act may utilize the two systems in their Work, and paragraph (3) entrusts other matters of operation and management to the Minister of National Defense.

The newly created Article 39 (Processing of Sensitive Information and Unique Identification Information) divides the information that the Minister of National Defense and the Head of the Prosecution Service referred to in Article 38 paragraph (2) may process where unavoidable for the affairs of system operation and management. In the military law information system, they may process health-related information under Article 23 of the Personal Information Protection Act, information falling within the criminal history data of Article 18, subparagraph 2 of the Enforcement Decree of the same Act, and the resident registration number, passport number, driver's license number, and foreigner registration number of Article 19 of the same Decree; and in the information portal, the resident registration number of Article 19, subparagraph 1 of the same Decree. The Supplementary Provisions provide only that they shall take effect from the date of promulgation.

조문으로 확인할 것

The materials verified are the reasons for amendment and the amended text in the original link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=283275), the comparison table of old and new provisions (in comparison with the previous Presidential Decree No. 32737, both of the two provisions are shown as newly established), and the current Articles 38 and 39, accessed through the Korean-language address of the National Law Information Center on 2026-10-16 (each marked as a newly enacted provision as of February 10, 2026).

Article 1 states that this Decree provides for matters necessary for the operation of military prosecution affairs prescribed in the Military Court Act. Article 43 of the Military Court Act (military judicial police officers; current effective date October 2, 2026), accessed on the same day, has "prosecution investigator" as its subparagraph 4. Since no provision separately defining the abbreviation "Act" within this Decree could be found, the reading of "Article 43, subparagraph 4 of the Act" in Article 38 paragraph (2) as a provision of the Military Court Act rests on the wording of Article 1.

The fact that Article 38 paragraph (1) provides for system establishment as "shall" and for the information portal as "may" must be read as a distinction exactly as the wording states. The provisions of the Personal Information Protection Act and its Enforcement Decree themselves were not opened on this occasion, and are written only from the phrases cited in Article 39.

입법에 묻는 것

The scope of materials the public may access through the information portal, that is, whether they are Records of the parties to a Case themselves or information disclosed to the public, and the inspection Procedure, have been entrusted to the Minister of National Defense to prescribe under Article 38 paragraph (3). Why is this scope left to the Minister of National Defense rather than prescribed in the Presidential Decree, and how is the relationship with other statutes and regulations prescribing the inspection of Case Records to be organized?

The processing entities under Article 39 are limited to the Minister of National Defense and the Head of the Prosecution Service, but Article 38 paragraph (2) has military prosecutors, staff of the military prosecution service, and military judicial police officers utilize the system in their Work. When an actual user accesses health information or criminal history data, where are the processing responsibility, access control, and the standards for retaining access logs prescribed?

The processing of resident registration numbers in the information portal is permitted, but the original text does not separately state the purpose of such processing or whether alternatives were considered. Who determines the requirement of "unavoidable cases" and on what standard?

다시 볼 조건

If the Minister of National Defense prescribes and discloses the operation and management matters of the military law information system and the information portal under Article 38 paragraph (3), or if the information portal is actually operated and its scope of access becomes known, this note will be rewritten after opening that original text.

If Article 43 of the Military Court Act is amended and the content of its subparagraph 4 changes, the scope of the targets of support under Article 38 paragraph (2) will be re-compared; and if Article 23 of the Personal Information Protection Act or Articles 18 or 19 of its Enforcement Decree are amended, the citations in Article 39 will be re-verified.