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예비군의 공법적 지위와 훈련 중 사고 및 보상 법률관계에 관한 고찰

A study on the Legal Relationships of Korean Reserve Forces

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Korean Reserves system is going through a hard time right now. some laws related to the reserves have flaws, but they are not being revised because of political and other issues. Korean Reserves forces consist of reserves based on the Military Service Act and the Homeland Reserve Forces Installation Act. This paper reviews problems of the current reserves system and offers solutions. The general Mobilization system which korean currently uses needs to be modified to a cascade system which can be used in a flexible situation. The general Mobilization system should be specified into 3 stages without losing mobilization capability. This will reduce wasting national power coming from over- mobilization. Laws related in the Reserve forces service and organization should be improved. The duty of Reserve forces should be fractionated and laws related in should be supported. The best way is to legislate 'National Mobilization Act' through unifying various laws related in. We should make our recognition inspire about the Reserve forces system. The reserve forces is the system that needs in ours. We should combine the identification of active and reserve duties and apply this to our Reserve forces system. and, Policy should be changed so that the Reserves are not a support unit of the active Duty group, but a separate tactical military strength. In order to improve the Reserve system, fixing the laws and changing policy makers' perceptions are must. moreover, citizens should understand that the Reserves are to protect Their freedom and property, and policy makers need to develop policies that can the people's approval and consensus.

Abstract

Korean Reserves system is going through a hard time right now. some laws related to the reserves have flaws, but they are not being revised because of political and other issues. Korean Reserves forces consist of reserves based on the Military Service Act and the Homeland Reserve Forces Installation Act. This paper reviews problems of the current reserves system and offers solutions. The general Mobilization system which korean currently uses needs to be modified to a cascade system which can be used in a flexible situation. The general Mobilization system should be specified into 3 stages without losing mobilization capability. This will reduce wasting national power coming from over- mobilization. Laws related in the Reserve forces service and organization should be improved. The duty of Reserve forces should be fractionated and laws related in should be supported. The best way is to legislate 'National Mobilization Act' through unifying various laws related in. We should make our recognition inspire about the Reserve forces system. The reserve forces is the system that needs in ours. We should combine the identification of active and reserve duties and apply this to our Reserve forces system. and, Policy should be changed so that the Reserves are not a support unit of the active Duty group, but a separate tactical military strength. In order to improve the Reserve system, fixing the laws and changing policy makers' perceptions are must. moreover, citizens should understand that the Reserves are to protect Their freedom and property, and policy makers need to develop policies that can the people's approval and consensus.

참고문헌 (18)

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  14. 조성제, "군인의 사망과 관련된 법률관계", 공법학연구, 15(3), pp.289~318 (2014), 한국비교공법학회
  15. 한국일보, "빈발하는 예비군 사고, 미덥지 않은 軍의 대응", ~ (2015)
  16. 서울신문, "예비군 총기사고 보상 1억 1386만원 “예비군도 현역과 같다”", ~ (2015)
  17. Morris Janovitz, "Military Institutions and Coercion in the Developing Nations" (1977), Chicago Univ. Press
  18. PersAnpassG, "Wehrrecht 1-SG", pp.Wolfgang Stauf, SBG

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