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Legal review on the Conscientious Objection to Military Service - focusing on the introduction of alternative services -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(1), pp.177-203
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Moon Jae Tae 1

1동국대학교

Candidate

ABSTRACT

In Korea, the only divided nation in the world, all the country take not only status as a sovereign but also the responsibility to social and nation. In a liberal democracy, Right to equality is the most important right. That is, realization of equality is a value point that nation should seek in Korea. Korea constitution writes obligatory military service, the obligatory military service is inevitable obligation to the Korean man. But obligatory military service causes loss of time and limited civil liberties during the military service . So many people want to avoid it, if possible. An exemption from the national military service and favor to particular social classes are watched intently by people. Because conscientious objection to military service is also regarded as a tool for evasion of military, negative perceptions prevail about the conscientious objection to people. The tendency about the conscientious objection of the world is a division of opinions, and Germany and Taiwan that go through with the division institutes and conduct alternative service. Korea is still under suspension of fire. And all people in Korea conduct the obligatory military service through the conscription system. The conscription system is closely related with national security. Therefore the conscientious objection should solve through system maintenance in accordance with change of perception of people.

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