예비군법의 법정책적 검토

Abstract

The Reserve Forces system, which originated as the Homeland Reserve Forces with a limited role in regional defense, has evolved to include broader responsibilities, encompassing national defense. However, there has been insufficient discussion on whether these changes are appropriate for the legal status and role of the Reserve Forces. It is necessary to examine whether the Reserve Forces should function merely as a supplementary organization to the regular military or if they should be assigned an independent role. Moreover, there is a concern that the expansive definition of the Reserve Forces' duties has led to ambiguity in their role and their relationship with the regular military. This study aims to explore the direction for improving the Reserve Forces Act. There is a need to clarify the duties of the Reserve Forces, focusing on military tasks during wartime and restructuring the organization accordingly. The Reserve Forces should be mobilized only for military needs in wartime, excluding non-military tasks such as civil defense or riot control from their primary duties. The Reserve Forces must be able to concentrate on their fundamental military role. Furthermore, it is essential to enhance the legal status and treatment of reservists to match that of regular soldiers. Currently, reservists do not receive the same legal protection as regular soldiers during duty, and the compensation provided is inadequate. Therefore, it is necessary to ensure that reservists have the same legal status as regular soldiers during their service, with clear regulations on their treatment and compensation. By referencing examples from countries such as the United States, Germany, and Taiwan, the legal status of reservists should be clearly defined, and the state must fulfill its responsibility for their duty performance through legal and institutional reforms. In conclusion, the Reserve Forces system must play a more crucial role as the pool of military personnel decreases. To achieve this, it is essential to reform the legal framework. By clarifying the duties and roles of the Reserve Forces through the Reserve Forces Act and enhancing the legal status and treatment of reservists, a system must be established in which the Reserve Forces can make a substantial contribution to national security. This will enable the Reserve Forces to be operated in line with the modern security environment, thereby more effectively ensuring national security.