Any military personnel on active duty who commits crimes of Criminal Code of the Armed Forces or special codes concerned shall be subject to prosecution and punishment under these codes at war time.
Any military personnel on active duty who commits the following crimes shall be subject to prosecution and punishment under the Code of Criminal Procedure while not at war time:
a. Article 44 to Article 46 and Article 76, section 1 in Criminal Code of the Armed Force.
b. Other crimes of previous subparagraph a.in Criminal Code of the Armed Force or special codes concerned.
Non-military personnel shall not be tried by military court.

The so- called military personnel on service in the law means superintendent sergeant and soldiers.

Armed forces built up based on the law are regarded as military personnel on service if they are temporarily incorporated into war line.

Captive or those soldiers surrendered are prosecuted or judged according to the law.

If one perpetrates before serving on forces but the crime is revealed in commission, he will be prosecuted and judged based on the law. However, if the case is still being dealt with and the sinner has retired. One who commits a crime in commission but revealed after he retires, it is judged in the court.
About the above two rules, there are different identities applicable to the law.

The so-called parties in the law stand for prosecutors and defendant.

The "wartime" referred in the law means during the period people defense aggression and start the war with President's command.
The period under martial law due to war or insurgence is considered wartime.

The Military Court referred in the law are divided into three classifiers:
1. Local Military Court
2. Higher-grade Military Court
3. Supreme Military Court

The government officers responsible for implementing process (case procedure) should pay attention to whether the case is advantageous or disadvantageous to defendant or not. defendant can require government officers for advantageous .