평택미군기지이전과 관련한 군사시설보호구역지정의 위법성과 일반국민에 대한 군형법 적용의 문제 / 송기춘

[국문 주제어]

미군기지 재배치, 군사시설보호구역, 군사시설보호법, 군사재판, 국방경비법

Some Legal Problems of the Relocation of USFK(United States Forces Korea) Army case to Pyongtaek

Song, Ki-Choon
Professor, Chonbuk National Univ.

Korean Government is now implementing the USFK base relocation Program. The base relocation and expansion of Camp Humphreys is part of a 2004 agreement between Seoul and Washington to relocate the U.S. military headquarters in Seoul and several other military bases across the country. Under the 2004 agreement, the United States is required to gradually hand back 170 million square meters of land across the country by 2011. In return, Seoul promised to offer 12 million square meters of land to expand Camp Humphreys and Osan Air Base in Pyongtaek, A total of 13 U.S. military camps north of Seoul are scheduled to be integrated to bases in the Pyongtaek region by 2008. The base expansion work is scheduled to begin in October 2006 after a master plan for the construction of the consolidated U.S. base is drawn up in September. 

The Defense Ministry seeks to expropriate land for the planned relocation of U.S. military bases from some residents in southern Kyonggi Province under a legal framework. The Ministry of Defense set up the area as the Military Facilities Protection Area, and announced that they will apply the military criminal law to the hundreds of locals and activists who protested against the army and they will serve in military prison.

But the measure to set up the area as the military facilities protection area is illegal because it didn't follow the process of the law and didn't suffice the requirement to set up the protection area.

The article 27 Section 2 of Korean Constitution provides that "Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the Republic of Korea, except in case of crimes as prescribed by Act involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law." But the Ministry of Defense announced that the protesters will be put on military trial and the military criminal law will be applied even though the case is neither so 'important' to apply the military criminal law nor in the case of the proclamation of extraordinary martial law. Moreover the article of the Korean Constitution does not expand the human rights, but impedes the promotion and protection of the human rights. The article should be repealed.

[Key words]

Military Facilities Protection Area, Military Facilities Protection Act, Relocation of USFK Base, Military Trial