혼혈인 병역면제의 평등권 침해성

Abstract

The mixed blood are in effect exempted from the military service by being enrolled into the second category of the national service. The exemption from the military service means apparently a kind of more favorable discrimination for the mixed blood. However, the exemption from the military service can be a less favorable discrimination against the mixed blood, because the military service is able to be understood as a qualification or a competence. Furthermore, whether the mixed blood are exempted from the military service is apparently determined by their free will, but they are in effect forced to determine the exemption. From this aspect, the exemption from the military service must be a less favorable discrimination against the mixed blood. In Korea, the de facto discrimination against the mixed blood has a long history and it is severe and present. Therefore, the de facto discrimination against the mixed blood has an legally important meaning and has to be necessarily considered in the discussion on the issue of the discrimination against the mixed blood.