The military disciplinary detention has been considered the most effective punishment in the military to establish the commanding system. While this detention has a merit of decriminalizing the minor offenders， it can infringe the basic human rights of the military person who is a citizen in military uniform to be protected by the Constitution. The Constitution prohibits strictly the detention without warrant by the Court， but the disciplinary detention does not need that warrant. It means that this disciplinary punishment would be the procedural and substantial violation of the basic human rights. In addition， the closed and isolated military system makes it difficult to supervise the human rights’ conditions transparently， which may result the abuse of the authority.
Therefore， they have debated to improve the military detention system not to violate the Habeas Corpus regulation under the Constitution.
They introduced the military human rights’ advocate system and the appeal against the unwarrantable disposition of detention in 2006 to improve the situation. But the number of detainee amounts to 15，683 in 2012.
There are the practical difficulties to repeal the disciplinary detention in military. Nonetheless， we should consider the concrete ways to make up for it to follow the habeas corpus.
First， the procedure to decide the detention should be supervised by the substantially independent advocate trained of law and the judicial court. Second， the reasons of detention should be listed concretely in the regulation to prevent abuse of the detention.