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International Issues of Conscientious Objection to Military Service

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 41(), pp.453-479
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

나달숙 1

1백석대학교

Accredited

ABSTRACT

The problem of Conscientious Objector, a person who opposes to engaging in the Military Service on the ground of religious, moral, philosophical and political faith, can be occurred in the country under the Conscription System The problem of Conscientious Objection has been the social issue for several decades in our country. At these days the Supreme Court convicted the Conscientious Objector who has been be punished due to his refusal to serve in the army on the ground of the religious faith and The Constitution Court decided that the article of the military service law which punishes the Conscientious Objector is constitutional. So the problem of Conscientious Objector is still remained unsettled Constitutional complaint can't be brought against the trial of the Supreme Court and the applier of the law can't afford the friendly judgment to the Conscientious Objector. The question of the Conscientious Objector is not confined to a part of a country. The Right to Conscientious Objector stems from article of the Universal Declaration of Human Rights, art. 18 of the United Nation International Covenant of Civil and Political Rights, art. 9 of the European Convention on Human Rights, article 12 of the American Convention on Human Rights. Especially the Right to Conscientious Objector is marked by the United Nations Human Rights Committee Resolution 1988/77 is called “the Magna Carta of the Conscientious Objection”. The korean government has been advised the solution of the Right to Conscientious Objector by a legal system. Finally Human Rights Committee of Civil and Political Rights demand effective relief steps and prevention of recurrence and our government cannot but take due measures.

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