양심의 자유의 체계적 지위와 그 보장에 관한 소고

Abstract

Freedom of conscience is free to make ethical and moral judgments, but freedom of thought is the freedom to pursue other reasons for everything else, including this. And if faith is understood as a religious belief, conscience is an ethical belief, so the two are distinct. When freedom of conscience and freedom of religion compete, if the controversial issue of conscience is closely related to religious issues, it should be dealt with from the perspective of religious freedom. Freedom of conscience primarily imposes an obligation on legislators to form a legal order to ensure freedom of conscience. When the task of protecting freedom of conscience cannot be solved by legislators, law enforcement officials should actively consider the possibility of alternative obligations or alternative actions in a conscience-friendly way when interpreting and applying general provisions or uncertain concepts. Conscientious objection to military service is not an active attack on the legal order of the social community, but a passive and defensive act to protect one's conscience. Even if their decision to refuse military service does not match the values of the majority of the national community, under the constitutional order that guarantees freedom of conscience as a fundamental right, it is not an antisocial act that requires immediate imposition of punishment, the most powerful means. Therefore, if conscientious objectors are allowed to engage in work that contributes to the public interest in places such as fire fighting facilities and correctional facilities, they can have a more practical effect on the security of the modern country in a broader sense than simply accepting them as criminals in prison. The enactment and enforcement of the Alternative Service Act does not mean that all conscientious military service issues have been resolved. We should not always be vigilant because this may cause another problem of conscience. And in order to prevent alternative service from becoming another social stigma, awareness of minorities should be improved.