군통수권에 대한 민주적 통제

In order to prevent the ‘paradox of civilian control,’ we must consider democratic control over the president’s command of the armed forces. In relation to the exercise of military command authority, the overlapping functions of units under the direct control of the Minister of National Defense(here after MND) which are outside the military command chain, should be dispersed to the military command chain or reorganized to the level of dissolution. And make MND a representative of the civilians rather than the military. In order to elevate the right to refuse unjust orders beyond the possibility of refuse, the crime of disobedience under the Military Criminal Act should be revised. The Chiefs of Staff of each military branch should also be subject to personnel hearings, and the personnel verification function centered on the Office of the President should be dispersed to the National Assembly, etc. Regarding the exercise of military power, ‘the military reform’ should be changed to a reform based on defense sufficiency. A new military structure reform including a conscription system is necessary, but as a prerequisite, discussion on an appropriate military structure based on threat perception and defense sufficiency is required. In order to prevent internal rebellion, democratic control of the military is necessary during the training process as in the German concept of internal command of citizens in uniform. Military command authority overlaps with the ROK-US relationship and is symmetrical with the inter-Korean relationship, so democratic control should also apply to the foreign relations of the military command. The operational control authority that was partially recovered in 1994 should be recovered unconditionally based on civilian control, and control is necessary for military cooperation between ROK-US-Japan, which is becoming an alliance. To this end, procedural laws are necessary concluding treaties related to foreign affairs and defense. The Constitutional Court has ruled that the command authority of the military is a duty, not a right, and that it must follow the Constitution and laws. Our Constitution denies wars of aggression and limits the mission of the military to national defense. Therefore, in terms of threat perception, not only democratic control, but also the sufficiency of defense should be considered in the exercise of the command authority of the military, and democratic control is necessary to prevent war.