Whether the work guidelines for .O.P. for the opening and opening of a door correspond to the "reasonable order" under Article 47 of the Military Criminal Act (affirmative)

Ad.M.O.P. Guidelines for the opening and opening of a literature is related to a specific situation in which the enemy's infiltration and damage of military forces are important and concrete in the military operations in order to prevent the enemy's infiltration and military forces by careful and strict management of the opening and opening of a literature under the circumstances of confrontationing with the enemy, and it is a "justifiable order" as defined in Article 47 of the Military Criminal Act.

Article 47 of the Military Criminal Act

Defendant

Defendant

Attorney-at-law conciliation system

The Army, High Court Decision 83 High Military Port No. 300 delivered on December 20, 1983

The appeal is dismissed.

The defendant's defense counsel's grounds of appeal are examined.

According to the reasoning of the lower judgment, the lower court recognized that the Defendant, as an observation officer under his jurisdiction, was dispatched to 338 G.P., and maintained the first instance court judgment, which determined that the Defendant violated the order of entry into and exit from the military room, and that the Defendant violated the order of entry into and exit from the military room without any justifiable permission, and that the Defendant violated the order of entry into and exit from the military room under Article 47 of the Military Criminal Act, while keeping the keys in charge of the control of entry into and exit from the military room. According to the reasoning of the lower court’s judgment, the Defendant violated the order of entry into and exit from the military room under Article 338 of the Military Criminal Act (G.P.), and that the order of entry into and exit from the military room under Article 47 of the Military Criminal Act, and that the order of entry into and exit from the military room constitutes a violation of the duty of entry into and exit from the military room without any justifiable reason, and thus, the Defendant did not know that the above order of entry into and exit from the military room without any justifiable reason for entry.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)