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영어

Upon Military administration of justice process, 'Convening authority's conforming' is tool for achieving pertinence of sentence, because sentence in military justice is stronger than sentence in common law and there's limit to reduce amount of sentence in court martial. Basic purpose of recognizing conforming is to make commander exhibit maximum combat power, administrate unit effectively and protect right of military personnel through reducing sentence when penalty is too hard. However, In actual case, Convening authority's conforming restraints independence of court martial and invade the right of military personnel. That is, Convening authority's conforming which reduces the sentence of court martial additionally by each unit's commander doesn't have appropriate standard, so commander use conforming as his/hers own accord. Therefore, this report looks into legislation reason and application extent of 'Convening authority's system and 'Convening authority''s conforming, checks the issue and problem of this system and reviews the improvement of this system.
It is not necessary to emphasize that 'Convening authority's conforming' helps establishing right of command. Especially, serious punishment in military criminal justice can be administrated flexibly through this and Convening authority system can suggest appropriate reason of the assessment of the culpability considering distinction of committing crime which occurred by special circumstance, barrack life in enlistment institution. Hence, if 'Convening authority's conforming' is operated adequately, 'Convening authority's conforming' can settle down as good system for people's safety and well-being because this system make army which people risk their life disciplined and enhance the fighting spirit of military. Nevertheless, 'Convening authority's conforming' needs to reform in order to accomplishing constitutionalism in military in practical situation such as disappearing of speciality of military, occurring of specialized crime, intensifying of violence inclination and vanishing of ethic awareness.