성 평등한 국방 의무의 부담

According to the republican ideology, the duty of national defense should be ‘the burden of everyone.’ But the issue of gender discrimination has been raised as the duty of military service, which is the central content of national defense, has been imposed only on men. The Constitutional Court has ruled three times on the constitutional decision of a provision of the Military Service Act, which imposes military service only on men, but the conflict between men and women over the issue continues. This paper seeks the possibility that men and women can harmoniously share ‘the burden of everyone’ of the duty of national defense. To this end, it points out that the Constitutional Court and existing feminist legal theories have limitations because they are trapped in the framework of the dichotomous thinking and conscription system, and argues that it is important to convert the concept of gender equality into a relational concept and understand it as a common responsibility in the military field. And in the process of embodying gender-equal of the duty of national defense, implications are drawn through foreign legislation such as Israel, the U.S., Norway, and Sweden. Finally, it proposes the citizen-soldier system as a way to harmoniously realize the values of national security and gender equality in the current defense relations law, and reviews the amendment of the Framework Act on Civil Defense.