국제인권법의 국내 도입에 있어서의 쟁점 소고 ― 양심적 병역거부 인정과 관련한 한국과 대만 내 상황을 중심으로 ―

After experiencing unprecedented events in World War II, the international community has made more specific efforts in order to protect human rights, and has come to enact the International Convention on Civil and Political Rights to overcome the limitations of the Universal Declaration of Human Rights. Moreover, the international community, which realized the universalization of human rights concepts and the importance of human rights, is making more concrete efforts to improve the human rights situation in individual countries. Despite the universality of human rights, it is true that it is difficult to set the level of human rights protection, and in particular conscientious objections matter has recently emerged as hot potatoes. This is because many countries, including Korea, do not recognize conscientious objection to military service because of national security. However, United Nations Human Rights Committee has continued to emphasize that it is the duty under the Convention to recognize conscientious objection to military service to the parties based on the freedom of conscience stipulated by the ICCPR. The Korean Supreme Court and the Constitutional Court, which had maintained negative positions on conscientious objection, have come to recognize the right to conscientious objection. However, the Constitutional Court and the Supreme Court's recent change of opinion, which recognize conscientious objection rights, is to be analysed as the trial to communicate with the International Treaty on Human Rights, which gives considerable implications for the introduction of international human rights into our legal system. In particular, it is important to secure the domestic law enforcement systems to adopt the international treaty on human rights, given that international human rights treaties are significantly dealt with at a constitutional level. If we consider that the principle of international human rights treaties is implemented at a national level, especially by legislation of the legislature, we cannot rely on domestic law enforcement agencies entirely such as the Supreme Court and Constitutional Court. In promoting the domestic implementation of international human rights treaties, we should try to obtain the systems to secure a more active position of the legislature, especially in the process of adopting international human rights treaties.