국가유공자예우법상 의료지원 제한에 관한 헌법상 검토

State should stands to provide realistic guarantees of freedom and equality for the economically weak and most vulnerable people of society in accordance with the Constitution. And these guarantees are recognized through the ‘Social Constitutional Rights’ and the principle of social state based on social market economic order. According to the Article 32.6 of constitutional law based on these principles, the families of ‘men of national merit’, ‘the Disabled Veterans’ and ‘Dead Soldiers and Policemen’ are granted priority for employment opportunities under the conditions as prescribed by the law. After all, the purpose of introducing this regulation is to reward for their sacrifices for nation and to accomplish a national integration by means of providing an honorable treatment and supports to them. The Constitutional Court interprets that there are no direct and general regulations to protect the men of national merit but only the Article 32.6 of Constitutional law that is an exemplary regulation for comprehensive protection. There exists a serious violation of the right of self-determination since state stands to bear the expenses only when the men of national merit receive a medical aid at the Korea Veterans Hospital or a designated hospital according to the Article 42 of ‘Men of National Merit Act’. By this regulation when most of aged person go to the hospital, they can utilize five Korea Veterans Hospitals in the nation and three hundred charging hospitals. Or they can also receive a refund after they were treated at one‘s own expense at Ilsan Hospital in the Kyonggi province if The Ministry of Patriots-Veterans give one’s approval. As a result, Nominal national merit has become normally limited to medical assistance. The thing with this problem is article 41 of the Constitution and ‘Men of National Merit Act’ contrary to the legislative intent. It has been already well-known by Men of national merit, the Ministry of Patriots and Veterans Affairs and Anti-Corruption and Civil Rights Commission that the opportunities of medical services for men of national merit are very restricted and not even sufficient. Accordingly, it is hard to judge that the protection of right of public health for men of national merit falls within the range of government's discretion due to the current legislative policy which provides the minimum level of medical services through the Korean Veterans Hospital and government-designated hospitals. Lastly, the people who implement the duties for nation can choose a medical care institution and receive the opportunities for medical treatment on the conditions of fulfilling certain requirements. These kinds of expenses are to be payed by governments. On the contrary, the men of national merit can only request to the government to pay the expenses for medical treatments on the limitation that they receive the medical services at the Korea Veterans Hospital and government-designated hospitals. Thus, present regulation system constitutes the breach of equal rights for men of national merit.