젠더정체성을 둘러싼 사회적 갈등의 규범적 함의에 관한 연구 - 故 변희수 하사 사건을 계기로

This study approached the social conflict surrounding gender identity that the late staff Sergeant Byun Hee-soo incident brought to our society from a normative perspective. It is not easy for us to bear the social and normative weight that this incident implies due to the late Sergeant Byun Hee-soo’s status as a soldier, her sexual orientation as a transgender, the military service obligation of citizens that excludes women in a Korean society where North and South Korea are in conflict, the patriarchal weak frame that excludes women from military service obligations, and differences in social perspectives that discriminate based on ideology, beliefs, religion, and other values. However, countries around the world have been paying constant attention to the issue of equality and are continuing the process of social consensus as well as creating a normative system. Here, judicial institutions that ultimately decide social norms, such as the judiciary and the Constitutional Court, have played an important role, and our judicial institutions are no different. Equality, one of the fundamental spirits of the Constitution, is a constitutional value that our society has already agreed upon. No human being should be discriminated against for any reason. Human dignity, value, and the right to pursue happiness begin with not being discriminated against as a human being. What we have learned from the case of Sergeant Ko Byun Hee-soo is that these constitutional values ​​are sometimes ignored in individual laws or the private sector, and even in the public sector, the military, and can lead to the death of a person. As society rapidly changes and develops, various forms of discrimination are occurring and their types are increasing. There are clear limits to responding to each type of discrimination at the level of individual laws. Therefore, in order for the constitutional value of equality to be realized in our lives, basic laws are necessary along with individual laws for equality.