평화적 생존권의 헌법적 권리성에 관한 고찰

Abstract

Modern society is getting to be more dangerous society. After the breakup of the Soviet Union, the East European Communist bloc virtually collapsed. As a result, the world would seem to be more peaceful stage than before because the Cold War era ended. However, in reality, there are lots of troubles everywhere in the world. Most of all, because South Korea is surrounded by powerful countries, and South Korea has to face against North Korea armed with nuclear weapons and other missiles, South Korea is one of the most dangerous parts in the world. In this situation, South Korea should try to stabilize Northeast Asia and to achieve the peace regime through conversation and compromise. On the contrary, because South Korea is now reinforcing its military power and enforcing a large-scale military drill, North Korea continually attempts military actions, but this aspect must be stopped. Most Korean people are anxious at this military policy, especially among people who live in region directly affected with a threat to their lives and properties. The military policy of South Korea which may be irrational does not have any proper control. Moreover, the military policy may be accomplished the chief executive solely or by the allies demanding military power unlimitedly. Accordingly, although people in Korea demand the rights to live in peace to live and object to this policy, our constitutional court admitted the rights to live in peace in the past, but it unfortunately denies the rights to live in peace in the present. However, the peaceful human rights can fully be deduced by interpreting the Constitution because the peaceful human rights to live clearly exist in our constitutional ideology. Therefore, I want to demonstrate that the rights to live in peace to live exist in our Constitution as nation’s fundamental human rights in my thesis.