군검찰 사건사무규칙 일부개정이 바꾸는 절차와 기준 — 제1조·제1조의2 문언 정리

무엇이 바뀌었나

The reasons for the partial amendment of the Rules on Case Affairs of Military Prosecution (Ministry of National Defense Ordinance, promulgated on 2026-10-02, enforced on 2026-10-02), as disclosed on the Korea Law Information Center, state as follows: the Prosecution Service Act (Act No. 21490, promulgated on March 24, 2026, enforced on October 2) and the Act on the Organization and Operation of the Serious Crime Investigation Agency (Act No. 21491, promulgated on March 24, 2026, enforced on October 2) were enacted, abolishing the Prosecutors' Office and newly establishing the Prosecution Service under the Minister of Justice and the Serious Crime Investigation Agency under the Minister of the Interior and Safety, respectively, in order to build a system in which mutual checks between investigative and prosecution agencies are possible; and the Criminal Procedure Act (Act No. 21857, promulgated on August 4, 2026, enforced on October 2) was amended, including provisions laying the administrative-organizational foundation for a new criminal justice system in which investigation and prosecution are institutionally separated; accordingly, the purpose is to align the terminology of the provisions relating to military investigative agencies with these changes.

This partial amendment aligns the subjects, procedures, and terminology of the relevant provisions (Article 1 and Article 1-2) to accord with amendments to higher-level statutes or institutional reorganization. No effect beyond the scope of the provisions set out in the original text is conjectured.

조문으로 확인할 것

Readers may directly compare the wording of Article 1 and Article 1-2 before and after the amendment, through the table comparing the provisions before and after the amendment and the reasons for enactment and amendment in the original text at the Korea Law Information Center link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=290921). In particular, how the holders of authority, the counterparts of notification and enforcement, and the wording of the requirements have changed must be read on a sentence-by-sentence basis.

What standard the transitional provisions (Addendum) between the promulgation date (2026-10-02) and the enforcement date (2026-10-02) apply to procedures already in progress or to facts that arose previously must also be verified by comparing the main text and the Addendum together.

입법에 묻는 것

How does the wording of this partial amendment of the Rules on Case Affairs of Military Prosecution change or specify, in practical procedures, who becomes the subject of determination and enforcement and on what standard? Does the alignment of terminology and the system of provisions maintain continuity with the relations of rights and obligations under the prior procedures, or does it require a separate standard of interpretation?

When the amended Article 1 and Article 1-2 are applied to actual case Records and disposition procedures after the enforcement date (2026-10-02), what remains to be additionally clarified in subordinate regulations or enforcement guidelines with respect to the parties' right of defense or right to participate in procedure, or channels for raising objections?

다시 볼 조건

This note will be rewritten if and when subsequent amendments to the Rules on Case Affairs of Military Prosecution, or further alignment of the relevant higher-level statutes, Enforcement Decrees, or Enforcement Rules, are promulgated. At that time, the amended article numbers and the point of application of the Addendum will be re-compared against the original text and updated.