국가유공자 지원 및 배제 제도에 대한 헌법적 고찰 ― 우리나라와 미국의 비교를 중심으로 ―

To compare and examine the cases of Korea and the United States, if Korean and American national meritorious persons are selected for support, they can enjoy a variety of relatively similar benefits. However, there are reasons for exclusion from support or the recovery of support after being excluded. It can be seen that our country's case is much more vulnerable in terms of compensation in that the case is decided after a re-examination on the condition of reflection and remorse three years after release from prison. In the United States, compensation is paid based on the veteran's past achievements and disabilities, so payments are not stopped due to sentencing or confirmation of a specific crime, except in special circumstances such as imprisonment. The payment of compensation is limited depending on whether the person is a serious criminal, but in case of a misdemeanor, the payment is made to the family, so the honor of those who have served the country is not lost at all. This is true even if a prison sentence is imposed. In addition, in accordance with Article 79, Paragraph 3 of the National Meritorious Persons Act, the degree of ‘remorse’ can be reviewed and, through resolution by the Veterans Affairs Review Committee, a person subject to the Act can be determined, and compensation can be resumed thereafter, so freedom of conscience is also constitutionally guaranteed. It may be interpreted as infringing. This is because being tested for remorse to resume compensation may pose a threat to the inviolability of conscience that freedom of conscience seeks to protect, that is, the ethical identity and homogeneity of the individual. In the United States, if a person is released from prison without expressing remorse or going through a separate screening process, compensation is restored immediately. In particular, even if the person is a serious criminal, if he or she is serving vocational release or a social rehabilitation training center, compensation will be paid immediately, so the national compensation standard is set for recipients. It confirms that it is friendly and predictable. Solid support for compensation ensures that the value sacrificed for the nation's security is never lost under any circumstances. This type of state compensation is expected to be more effective than expected in building an image that demonstrates the solidity of state responsibility. Many of our peace are due to the sacrifices of our patriotic martyrs, and the imposition of unconditional sacrifices must be avoided for the establishment of a desirable nation. From this perspective, when sacrifices to the country are paid for through reasonable compensation, they can serve as the basis for a desirable virtuous cycle, such as inspiring the patriotic spirit of the general public. The state must establish laws and systems to compensate for sacrifices and implement various policies to maintain and guarantee the honorable lives of those who have served the country. Our country also establishes compensation for disability under the Act on Honorable Treatment and Support of Persons of National Merit as its basic law and implements various compensation policies such as education, employment, and medical care. Compensation is confirmed through the resolution of the Veterans Affairs Review Committee, which determines appropriate contributions based on the past actions of those who have served the country. Therefore, persons of national merit should not be permanently deprived of their compensation or made overly difficult to return to the applicable status just because they have committed anti-social behavior due to various crimes. This is because, despite the harm caused by criminal acts, the sacrificial acts committed by those who have served the nation do not disappear. When a person returns to society by paying a reasonable price through legal action, the benefits he or she previously received should be restored. Even if the support and benefits temporarily disappear during the period of incarceration, it is considered close to the essence of veterans policy to avoid such situations as much as possible.