국가안전보장과 주민의 참여 - 군사시설의 조성․운영을 중심으로 -

Constitution emphasized that national security is a very important issue and so to ensure that purpose of the national security, it is obvious for the military activities of the Armed Forces to be recognized and guaranteed by the Constitution and laws. The installation of a military facility is to take the physical elements while operating military group for the national security. In other words, military facilities must be installed in the right place at the right time to effectively defend the enemy threat or attack. Also adequate space must be provided in peacetime to hold a military training and to maintain combat readiness. However, the enforcement of the military facility policy for the purpose of national security will inevitably cause a restriction of the fundamental rights of the local residents and nearby residents. The restriction is caused by the inconsistency of the values and ideals between the military, local residents, and local governments groups. Also there are imbalance of costs and benefits, and mismatches of recognition on military facilities. To analyze the military facilities related conflict on the structure of a legal confrontation perspective. installation of new military facilities or transfer of existing military facilities will clash with two great constitutional values, ie, clash and adjustment between the public value of national security and people's fundamental rights especially property value. Therefore, need to establish and enforce a policy in the direction to reconcile the fundamental rights of the people and the national security for the installation and operation of the military facilities. Eventually, installation of a military facility, as well as operating the facility, need to ensure the participation of the residents to maintain the legitimacy of the procedure for the installation and operation of military facilities. Thus, actively utilize current legislations on participation of the residents, such as Administrative Procedure Act, Military Facilities Act, policies on the National Defense Military Facilities Project, and Environmental Impact Assessment. Also accommodate supportive bills being discussed in the National Assembly or in the media to the possible extent and obtain the participation and support of the residents. However, in practice, there are not only problems regarding military facilities, but also have intrinsic limitations on the confidentiality or urgency of military facilities. Therefore, substantially allow citizen's participation within a range that does not impair the national security, and continue legal and institutional research to get the trust and support of the people when enacting the policies on military facilities and enforcing such policies.