국군의 해외평화활동법률 제정에 관한 법적 고찰

Abstract

This article aims to legislate the act of dispatching military to abroad and reviews its contents andprocedures. The article 5 of the constitutional law declares the principle of peace in the international society asone of the fundamental themes of the constitutional orders. Moreover, the article implies the government’sresponsibility for the international peace and security in the international community. Therefore, when theinternational society asks Korea of participation in international peace and security works, we have responsibilityto join the works within the capacity. For example, if the UN Security Counsel makes a resolution or decisionsfor the Peace Keeping Operation and demands the members states especially with designating Korea to dispatchKorean forces, we have strong responsibility to join the PKO as a member’s responsibility. The article 60 ofthe Constitution requires consents of the congress for dispatching military to abroad. There is only one domesticlaw for this article, PKO Act; however, PKO is just one of the case that the military goes to abroad. BesidesPKO, the collective self-defense, the UN Security Counsel resolution, the old enemy clause in UN Charter,anticipatory or preemptory self-defense, humanitarian intervention and protection of nationals in abroad in thecustomary international laws are the other example of it. This article suggests of new legislation which containsthe substance requirements and procedural requirement for dispatching military to abroad. This article alsoprovides three possible forms of the legislation and makes assessment of advantages and disadvantages. Finally,this article make underlines the new legislation is necessary not only to take a reading role in the internationalcommunity but also to calm the political controversy which repeats in every dispatching forces to abroad.