국군의 외국 파견에 대한 헌법적 검토

Abstract

On the 29th of April, 2004, the Constitution Court of Korea made dismissal decision in Petition relating to the Constitution on the dispatch of the government army to Iraq. It means that the only control to the foreign dispatch of the government army depends on the right to consent of National Assembly. Nevertheless it is problematic that two draft bills of legislation to only notify to National Assembly without the consent of National Assembly relating to the foreign dispatch of the government army were proposed. That is, they admit an exception to the consent process of National Assembly in which the dispatch scale is less than 300 soldiers or a regiment. As a conclusion, two drafts act on the foreign dispatch of the government army is to withdraw. They are unconstitutional, for they violate the constitutional principle of pacifism and infringe seriously the right to consent of the National Assembly in the Constitution.