대중예술인에 대한 병역특례문제와 병역법개정

Abstract

The arts and athletics personnel conscription system was introduced to manage military service resources and solve national problems in 1973, when Korea's international status was virtually at the bottom, and during the systemic competition with North Korea in the global Cold War system. As an effective solution, it was introduced to manage military service resources using the military service law system and to solve national problems. In the field of art, the issue of equity in popular art or newly emerging art fields was raised about things that were limited only to fine arts or arts that were traditionally recognized as majors in higher education institutions. Fundamental questions have also been raised. In order to secure objectivity in the selection of arts and sports personnel, the competition is stipulated in a way that limits the competition, but the meaning of the competition in the arts itself, the futility of ranking in the arts field, and the various values ​​in each arts field are the same criteria. There was an inherent limitation that it could not be evaluated as When revising the current art/sports personnel system, ① the basic constitutional request of maintaining and defending the state and equality should be considered first; ② the issue of discrimination between popular art and fine art (?); Considering the reduction of the resource cliff level and the conversion strategy of the standing army system in mind, 5) the fact that the compulsory conscription system, which is unprecedented in the world, is implemented in light of the reality of a divided country and the rapidly growing state of the country, and 6) issues of generational and gender conflicts and the disappearance of local areas, etc. It is necessary to review the feasibility of linking the aspect of effective implementation of the current national task and the duty of national defense and discuss system improvement in the direction of accommodating the constitutional order and the people's requests in the overall military service law while accommodating the introduction of the alternative service system and the changing circumstances of the times. . Although the legislative purpose of enlisting existing popular artists as art agents, such as equity for popular artists who can be represented by BTS, economic ripple effects, and consideration of national interests, the legislative purpose of enhancing the equity between artists is fully acceptable. Even if the legislative purpose is justified, the list of supplementary reverse transfer conditions adopted as a means is too simplistic in view of the current situation and complex social factors such as population decline, national division and gender conflict. If a popular artist is to be included in the art personnel, the definition of a popular artist was newly established in Article 2 of the Military Service Act, and the right of recommendation among popular artists is given to the Minister of Culture, Tourism and Sports, and limited to popular artists who have received cultural medals, etc. method is considered more appropriate. In addition, even if a supplementary service transfer system for popular artists is newly established and the existing arts and sports personnel system is maintained, there must be a redemption regulation for the pursuit of profits through commercial and commercial activities of those who have actually received military service benefits as the subject of supplementary service transfer. A mechanism should be prepared to avoid the psychological deprivation and equity controversy that other duty officers in their 20s receive. If the exceptional situation of national defense duty, the most important duty granted by law, is used to solve other national goals or immediate tasks, in the end, it is to create a foundation that leads to a fatal weakness in the existence of the nation and a weakening of the sense of community. must remember The military service law and the special military service system must be established under the constitutional obligations and limitations and the constitutional principles. After preparing as a standard that guarantees the continued well-being of future generations and at the national level, it is necessary to design the system and present a predictable plan for the use of the special system.