전시(戰時) 입법과 전쟁 대응에 대한 공법적 검토

Abstract

War and law have been primarily a concern of international law, but sustained North Korean provocations, the war between Russia and Ukraine, and the war between Israel and Hamas have made it necessary to have domestic public law concerns as well. In times of war, wartime readiness legislation, which has a significant impact on the rights and obligations of citizens, is still incomplete in many areas.
 This study analyzes the issues of improving wartime readiness legislation through wartime legislation such as emergency orders at the time of the Korean War, and attempts to derive suggestions for legal readiness to protect the lives and property of the people.
 Although many of the same provisions as the emergency order at the time of the Korean War have been established in current legislation, it is preferable to prescribe in advance the contents currently required rather than creating numerous emergency orders.
 However, the executive branch has prepared the draft War Standby Law and the draft Emergency Order, which are not less problematic from the standpoint of democracy. Either they should be administered by Congress rather than the executive branch, or if their contents are absolutely necessary, they should be enacted by law in advance for the predictability of the public and the public officials concerned.
 For the response to war, the content needs to take effect at the time war is imminent, not after it has occurred, but it is necessary to conceptualize the point in time for such a response. In addition, legal issues in economic and scientific and technological responses tailored to modern warfare should continue to be considered.
 Taking these matters into account in preparing for war would go a long way toward protecting the lives and property of the people and safeguarding the nation's existence in a wartime situation.