전후 서독의 양심적 병역거부에 대한 논의 (The Debate about Conscientious Objection in West Germany)

서지정보

· 발행기관 : 문화사학회
· 수록지 정보 : 역사와 문화 / 17호 / 106 ~ 133페이지
· 저자명 : 문수현

초록

The strong antimilitarismwhich was strongly prevalent in postwar Germany
transformed into the demand of democratization for themilitary.The article 4 of
theGermanBasicLawwhich regulated the conscientious objectionwas one of the
results of this tendency. Through this article, Germany belongs to one of the
earliest countrieswhich introduced the conscientious objection.The enactment of
conscientious objection inGermanywas prior even to theGerman conscription act
itself which was established in 1956.
Nevertheless,the enactment ofArticle 4 inBasicLawdidn’t bring the conflict
regarding conscientious objection to an end, but became the starting point of a
full-blown dispute.What is the legal definition of conscientiousness?What can
be themeaningful reason for conscientious objection?Can the political reason as
well as religious reason be accepted?Howcan the administrative servant or the
court decide if the applicant for the conscientious objector would be against the
military conscription,not because of their personal interest,but purely because of
his conscientiousness,even though their excuse alonewould be acceptable?These
controversial questions reflected the different concepts regarding individual
freedom, significance of equality, the duty as a citizen, and the importance of
national security.
The issue of conscientious objectionwastreatedat firstontheadministrativelevel,
that is,thePrufungsausschuss furKriegsdienstverweigerer ̈ ̈ andPruf̈ ungskammer,and
subsequently on the legal level, namely Landesverwaltungsgerichts and
Bundesverwaltungsgerichts. This article tries to show how these different
notions have collidedwith and adapted to each other in postwarGerman society by analyzing theway inwhich the issue of conscientious objectionwas treated on
the administrative level as well as legal level.

영어초록

The strong antimilitarismwhich was strongly prevalent in postwar Germany
transformed into the demand of democratization for themilitary.The article 4 of
theGermanBasicLawwhich regulated the conscientious objectionwas one of the
results of this tendency. Through this article, Germany belongs to one of the
earliest countrieswhich introduced the conscientious objection.The enactment of
conscientious objection inGermanywas prior even to theGerman conscription act
itself which was established in 1956.
Nevertheless,the enactment ofArticle 4 inBasicLawdidn’t bring the conflict
regarding conscientious objection to an end, but became the starting point of a
full-blown dispute.What is the legal definition of conscientiousness?What can
be themeaningful reason for conscientious objection?Can the political reason as
well as religious reason be accepted?Howcan the administrative servant or the
court decide if the applicant for the conscientious objector would be against the
military conscription,not because of their personal interest,but purely because of
his conscientiousness,even though their excuse alonewould be acceptable?These
controversial questions reflected the different concepts regarding individual
freedom, significance of equality, the duty as a citizen, and the importance of
national security.
The issue of conscientious objectionwastreatedat firstontheadministrativelevel,
that is,thePrufungsausschuss furKriegsdienstverweigerer ̈ ̈ andPruf̈ ungskammer,and
subsequently on the legal level, namely Landesverwaltungsgerichts and
Bundesverwaltungsgerichts. This article tries to show how these different
notions have collidedwith and adapted to each other in postwarGerman society by analyzing theway inwhich the issue of conscientious objectionwas treated on
the administrative level as well as legal level.

참고자료

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