Equity in Defence Duties and the Alternative Service System - Focusing on the Analysis of Related Constitutional Court Precedents

The alternative service system is a system proposed as a way to solve the problem of conscientious objection to military service, which is considered to conflict between military service obligations and freedom of conscience. The core value of this system is to realize a balance between the two by “guaranteeing freedom of conscience” without violating the “universality of defense obligations.” It is necessary to discuss the validity of the specific content of the alternative service system by reviewing the decision of the Constitutional Court on specific content under the current Alternative Service Act. The basic obligation can be said to be an obligation that all members of the national community bear together and equally. Therefore, it would be said that the principle of responsiveness burden applies to the duty of national defense. It can be said that this principle is applied to the alternative service system for conscientious objectors. The content of alternative service should be heavier than military service obligations, but not punitive. In accordance with these criteria for judgment, efforts should be made to improve the system by reviewing the individual contents, such as the screening method, service institution, service period, and camp.