사회복무제도는 ILO 제29호 협약에 따른 강제노동이다:헌법재판소, 정부, 학설의 사회 복무제도 옹호 논거에 대한 반론

In the 2010s, the imperativeness for ratification of the ILO fundamental conventions, which South Korea has not yet ratified, emerged. In this context, it was questioned whether the Social Service System violated the ILO Convention No. 29(Forced Labour Convention). Government of Korea revised the Military Service Act to stipulate “option” between social service and active service, and believes that the Social Service System does not violate No. 29 because of the ‘compulsory military service’ among the exceptions of No. 29. The Constitutional Court and some theories also judges the same as the government's opinion. The discussions on the Social Service System was a policy discourse process for the achievement of ‘ratifying the ILO fundamental conventions’, and in it, the government used instrumental power to limit the participation of persons concerned. The paper begins with the awareness that the existing advocacy arguments do not take into account the context surrounding the terms “work of military character” and “a privilege granted to individuals” in common, and ii) do not reflect the case of reality in which Social Service Worker is exposed at all. Through this, I states the Social Service System is not included in the ‘compulsory military service.’