유럽헌법학회

Although there had been conflict on conscientious objection to military service, it finished after the recent decisions of the Consititutional Court and Supreme Court. It’s time to implement alternative service well which could guarantee the right to conscientious objection to military service. In Korea, there should be a separate regulation involving alternative service for conscientious objectors to military service like in some European countries. First of all, the duration and places of the performance of alternative service for conscientious objectors to military service are big issues that have to be decided. When it comes to the duration of alternative service, we should consider our national security, Korean citizens’ views, and so on. However, at the same time, we should try to listen to the views of international society in order for alternative service not to have a punitive nature to conscientious objectors to military service. Moreover, we shouldn’t restrict a certain place where these people can perform their alternative service and consider different kinds of places in need such as public health, social welfare, culture, environment, emergency aid, peace and so on just like in European countries. We need to come up with the measure to provide the conscientious objector with the ways of the performance of alternative service as both a non-combatant in the military and a civilian character outside the military as well. Additionally, the name change of conscientious objection to military service should be more considerate as there is a chance to obscure the true meaning of the right to conscientious objection to military service which belongs to the freedom of conscience.