양심적 병역거부와 양심의 자유

Abstract

The soldier dictatorship government propelled the policy to override the nation security in korea, and the division situation of the south and north have continued the habitual practice to hallow the duty of the military service. There have been numerous cases where conscientious objectors were punished due to their refusal to military service in korea. However, unlike other western countries, conscientious objection to the military service has not been able to attract great attention in Korean society. Conscientious objection to the military service has been brought up as an important social issue recently, since many cases of the convicted conscientious objector were reported. So, the court recommended an unconstitutionality trial to the constitution court upon the article reading the law that punishes the conscientious objectors without appropriate exemptions. But the constitution court considered the military service law as constitutionality, and supreme court also judged the guiltiness for conscientious objectors in 2004. But some congressmen have started to legistate the alternative service system. This study is concentrated on the unconstitutionality of punishing the conscientious objectors, and I appoint that the alternative service is approved by law. It will be meaningful to conscientious objectors who were not accepted into Korean constitution.