日本國憲法 第9條와 平和的 生存權의 등장과 문제점 - 反戰時期(1964년 이후)부터 2000년까지; 판례를 중심으로 -

This thesis deals with (i) the right to live in peace in relation to the Article 9 of Japan's Constitution, (ii) the relations between Japan's Self Defense Forces and U.S military base from 1964, when the third generation rights started to emerge, to 2000, (iii) unconstitutionality of Japan's Self Defense Forces and the expenditure thereof, (iv) the relations between the Article 9 of Japan's Constitution and Okinawa, (v) the changes of Security between Japan and U.S, and (vi) the overseas dispatch of troops which results in generating the concept of Collective Self Defense and changing Japan-America Security System. The abovementioned series of events show that the general public of Japan, its Judiciary and Government have different positions with respect to the fact of Self Defense Forces and the stationing of U.S military base in Japan. That is, the Japanese people and original trials of the Judiciary show tendency to recognize the 'Rights to Live in Peace'concerning the facts thereof by connecting them the Preamble and Article 9 of Japan's Constitution. Nevertheless, Japan's Government and the judgment of Supreme Court maintain that the presence of Self Defense Forces and U.S military base is neither subjected to judiciary examination nor violation of constitution, which shows that they recognize the two military organizations in a roundabout way. There is another issue related to the 'Rights to Live in Peace': The relations between the Article 9 (Japan's Constitution), Self Defense Forces and U.S military base stationed in Okinawa. This thesis describes the inseparable relations thereof. Furthermore, with the emergence of Emergency Legislation Theory due to Gulf War, Japan's Government uses 'UN Peace Cooperation Bill' and 'Five Principles of PKO' to turn itself from 'Peace State' to 'Normal State' by justifying that Japan performs its role as a 'Member of International Society' faithfully. The Japanese people develop various campaignsagainst these excuses by Government, holding on to the 'Rights to Live in Peace' - what they call 'The Third Generation Rights'. The recognition of the relations between Article 9 of Japan's Constitution and Japan's Self Defense Forces has changed with interpretative amendment of constitution of the times, and constitution amendment is officially on the move now. Ⅰ. Introduction Ⅱ. Period of Peace Love(1964-89) 1. Establishment of constitution investigation committee 2. Rights to live in peace and U.S military base in Japan 3. The relations between the Article 9 of Japan's Constitution and Okinawa 4. The emergence of peace citizens (1978-1989) Ⅲ. Period of dispatching troops overseas (1990-95) 1. Gulf War and dispatch of troops - Rights to live in peace, fundamental rights of taxpayers, normal state. 2. The constitutionality of Japan's Self Defense Forces in relation to Ota governor case 3. Japan-America Security Cooperation Declaration, and changes of security system Ⅳ. Conclusion