군사의무에 대한 공법적 검토

Abstract

This study analyzed the concept of national defense duty, which is the basis of the defense field, specifically the military duty and military service obligations that the people have. In particular, the Constitutional Court said that non-military obligations are included in national defense duty, and military service obligations are also considered to include non-military obligations, which was critically reviewed in this study. It is reasonable to view military service obligations as one of military duty, and it is reasonable to distinguish non-military obligations conceptually from military service obligations.
 The requirements of "in times of war, national crisis or other similar emergencies" stipulated in the Military Service Act and the Emergency Readiness Act, which contain military duty, were reviewed. In order to prepare for the military, it is necessary to actively review the requirements to be relaxed to bear military duty when war, etc. is imminent.
 In addition, there is a unique form of the War Readiness Reserve Act (Bill), which contains wartime military duty, which does not have the effect of the law yet, so this method is not valid from the perspective of the rule of law.
 Finally, we looked at the Defense Production Act, which has recently emerged as a major concern in the United States. In the case of unplanned material production, it is distinguished from the concept of mobilization or requisition, but it is considered possible to enact the Defense Production Act based on Article 126 of the Korean Constitution. Otherwise, the necessary goods may be produced by emergency procurement of the Defense Acquisition Program Act.