군가산점제도 재도입 가능성 및 도입방안 연구: 공공봉사가산점제도의 도입을 통하여

Abstract

Article 39 (1) of the Constitution stipulates that all Korean citizens bear defense obligations as prescribed by law. In addition, paragraph 2 stipulates the prohibition of disadvantageous treatment due to the performance of military service obligations, and is based on military service obligations as part of national defense obligations. Most men are obligated to serve in the military for a period of time stipulated by the military service, and they experience a career break as well as a break from social life due to the fulfillment of the military service obligation. In the past, the Military Service Support Act had a system that gave a certain percentage of additional points to public service employment to help discharged soldiers adapt to society, but it was abolished in 1999 by the Constitutional Court's unconstitutional decision. Since then, discussions on the necessity and revival of the additional point system for discharged soldiers have continued, but due to the Constitutional Court's unconstitutional decision and opposition from some civic groups, it has not yet been legislated. As a preferential treatment for discharged soldiers in the past, this paper respected the judiciary's unconstitutional decision on the military additional point system and sought ways to reconcile the arguments on the necessity of reintroducing the military additional point system. This paper considered the possibility of introducing a military additional point system that compensates for the time gap that occurred in obtaining a public service employment additional point certificate due to the fulfillment of military service obligations. This paper considers the fulfillment of military service obligations to be a service to the state and society, and introduces the National Private Service Additional Points System so that a certain score of the points that can be given as a certificate additional point can be given. However, regarding the subject and the degree of additional points, a method of giving additional points within the range of 3% to those who fulfill their military service obligations, and within the range of 5% to one of the bereaved families of those who suffered disabilities and died in the process of fulfilling their military service obligations was proposed.