군복무 학점인정제도 도입에 대한 헌법적 검토- 군복무자 지원제도의 요건에 대하여 -

Recently, there was a media report that the Ministry of National Defense signed an agreement with some universities to recognize the military service period as credits. The credits recognition of military service comes from the necessity of rewarding many soldiers for their disruption in school, as they take a break from university and are conscripted into the military. However, it has been controversies because the additional points system of the military service, which was abolished by the Constitutional Court’s decision in 1999, has similar characteristics and conflicts. In this paper, it was judged on how the additional points system of military service is the same and different from the credits recognition system of military service and whether the credits recognition of military service is appropriate as a support system for military service. The credits recognition of military service is not unconstitutional. Because it is not a direct enforcement to universities because it is carried out by the voluntary participation of the universities and it does not deprive women and disabled people of opportunity as in the case of the additional points system for the military service. However, it may be a bit problematic in that the government’s responsibility to prepare the system to ensure fairness of its military duty is indirectly handing over into universities. And It is considered to be ineffective because the number of soldiers who can benefit from the system is too small and the level of benefits is small. In order to solve the problem of their disruption in school, I think it is essential to provide conditions for continuing to study during the military service rather than recognizing the military service itself as credits. There is already a system called e-learning system (the Cyber lecture of university) that can continue studying in the military. Therefore, universities, governments and the military should work together to enable the e-learning system.