병역거부에 대한 반응양상 (Social Reaction to Conscientious Refusal)

서지정보

· 발행기관 : 법과사회이론학회
· 수록지 정보 : 법과사회 / 32호 / 263 ~ 284페이지
· 저자명 : 이재승

초록

Over 12,000 conscientious objectors(COs) have been punished for violations of military criminal act or military duty act in Korea. This criminality policy has been a target of the vehement attacks of human rights workers, Human Rights Committee and international civil societies.
Since 1987, Korea has been in transition from the authoritarian regime to democracy. Human rights movements have done their best to deconstruct the oppressive political ideologies. But the COs did not gain final legal recognition from the National Assembly or court yet. Furthermore, a greater part of the Korean people has irreducible antipathy towards the COs.
This article aims at clarifying some cultural and political backgrounds of the antipathy towards Cos. Performance of the military duty is usually regarded as an element of national identity or citizenship. Though freedom of conscience is declared in the constitution, conscience doesn't have any dimension of individual freedom in affairs of the military service. Conscience is stylized as a social fact or conscience collective in the sense of E. Durkheim.
This article confirmed various anti-liberal elements in the traditional cultures, uniform egalitarianism of both dominant culture and its countervailing culture, deification of the army through the Korea War, religious conservatism and patriotism. The antiliberal or illiberal code standardizes different consciences of the individuals and oppresses the revolting consciences of the minorities.
Most veterans feel a deep-rooted hatred of the COs on some accounts. Poor conditions of the military service and veteran's blind etatism or egalitarianism cause or aggravate discrimination of the COs. If the Korean Government would introduce the alternative service system for the COs successfully, then it should take the measures to radically reform the environments of the military service simultaneously.

영어초록

Over 12,000 conscientious objectors(COs) have been punished for violations of military criminal act or military duty act in Korea. This criminality policy has been a target of the vehement attacks of human rights workers, Human Rights Committee and international civil societies.
Since 1987, Korea has been in transition from the authoritarian regime to democracy. Human rights movements have done their best to deconstruct the oppressive political ideologies. But the COs did not gain final legal recognition from the National Assembly or court yet. Furthermore, a greater part of the Korean people has irreducible antipathy towards the COs.
This article aims at clarifying some cultural and political backgrounds of the antipathy towards Cos. Performance of the military duty is usually regarded as an element of national identity or citizenship. Though freedom of conscience is declared in the constitution, conscience doesn't have any dimension of individual freedom in affairs of the military service. Conscience is stylized as a social fact or conscience collective in the sense of E. Durkheim.
This article confirmed various anti-liberal elements in the traditional cultures, uniform egalitarianism of both dominant culture and its countervailing culture, deification of the army through the Korea War, religious conservatism and patriotism. The antiliberal or illiberal code standardizes different consciences of the individuals and oppresses the revolting consciences of the minorities.
Most veterans feel a deep-rooted hatred of the COs on some accounts. Poor conditions of the military service and veteran's blind etatism or egalitarianism cause or aggravate discrimination of the COs. If the Korean Government would introduce the alternative service system for the COs successfully, then it should take the measures to radically reform the environments of the military service simultaneously.

참고자료

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