양심적 병역거부에 관한 국제사례와 양심의 자유

다국어 초록 (Multilingual Abstract)

  Conscientious objection (CO) is to object participating in military activities and is serious conviction motivated by conscience not to engage in organized killing. The question of CO and alternative service is one area in which many societies have worked out such a compromise to accomodate, respect and implement the conflicted values between dominating opinions and minority opinions and between common good and concerns of individuals.<BR>  The right of conscientious objector is basic on the right to life in international law and freedom of thought, conscience and religion which is recognized in the Universal Declaration of Human Right(art.18), the International Covenant on Civil and Political Rights(art.18) As Magna Carta of CO, Commission on Human Right Resolution 1998/77 confirms the right of conscientious objector and the basic principles of conscientious objection.<BR>  Application of international law to recognize CO is to interpretate the existing international human rights norms in way of its instinct meaning and to find new international norms for conscientious objectors. When new national law to accept CO, it begins to interpretate freedom of conscientious under Constitution in another way and to undertake a strategic of international reviewing process by using Individual Communications System of UN Human Rights Committee and reviewing of European Court of Human Rights. The most effective legal development for protecting conscientious objector is to make use of international justice with erecting a domestic law for them.<BR>  UN Human Rights Committee decides that freedom of conscience and B Covenant do not intervene military system and tax policy and judge its illegality and does not accept CO to tax payment and CO without a prerequisite of alternative service in recent decisions of Individual Communication cases. And also the Committee adjusts equilibrium between any service of a military character and alternative service based on the reasonable and objective standards.<BR>  European Court of Human Rights decides that freedom of religion should be the same value to all religious groups and that exclusion to certain religious group like Jehovah"s Witnesses is a violation of right to freedom of religion under European Convention of Human Rights and discrimination according to religious intolerance.<BR>  In national level, there should be a awareness of conscientious objector"s rights as a minorities" one and political support. These political decision making directly goes to legislation. If freedom of conscience recognizes diversities of individual"s believes and stems from tolerance as a motive power of social development, now it is time to find its inherent constitutional spirit.<BR>  Interpreting CO according to international law and creating relevant legal systems are to have a aim at assuring diversities of individual lives not pertaining to the majority. In 21 new century, in order to be a genuine just democratic human right developed country, we should begin to be concerned about advanced national practices and to be familar with international human rights law.