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A Legal Research on Transition to Recruitment for the Efficient Securing of Human Resource Staffing in the Defence of ROK Armed Forces

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(1), pp.287-335
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Hwang Jung Hoon 1

1호서대학교 대학원

Candidate

ABSTRACT

The purpose of this research is to review the possibility of the ROK Armed Forces transition to recruiting military manpower, a trend expanding throughout the world, at the point of military human resource staffing, economical and ideological view. Recently, many countries in Europe including Germany and Taiwan switched their recruiting system from the compulsory to the volunteer forces in which military service is considered as a professional vocation. There were many changes in the 21st century due to the end of the Cold War, democratization, aging populations, and so forth. In case of ROK there were many changes, too. The veterans’ extra point system was done away with by the Constitutional Court in Dec. 23, 1999. But recently the reintroduction of the veterans’ extra point system is being raised by the Ministry of Defense and politicians. Under a revised standard new draft restricts the proportion of veterans’ extra point. As a result, it can be constitutional and reasonable. Considering that the conscription system is a system that is compatible with the principle of equality, national sovereignty, and republicanism, and the fact that it is currently suspended in the United States and Germany, it is desirable to activate the professional agent continuing conscription system. After the reunification, the transition to all-volunteer force can be considered, and the U.S. example can be a model. In case of U.S. The Vietnam War and the unfairness of the draft system played a role in the change of draft system. The Nixon administration suggested the reasonable method to use the budget and human power saved by the change into all-volunteer force in the Gates Report. The effective promotion of policy, active persuasion through mass media changed public opinion. It demonstrates many things to the ROK. Along with the change of international environment and the consciousness of people and clear goal toward the transformation of the all-volunteer force of administration will lead to the legislation of the National Assembly.

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