The Constitutional Court stated that the issue of determining the scope of military duty among citizens bearing the obligation of national defense should be flexibly addressed considering the rapidly changing domestic and international security situations and financial capabilities of the country. They emphasized the need to respect the broad legislative discretion of the National Assembly in shaping the specific obligations of national defense through legislation.
Furthermore, the Constitutional Court pointed out factors such as the inherent physical differences between men and women, the potential need for supplementary and wartime labor, and the limited number of countries that impose military duty on women in a comparative context. They suggested that in the long term, discussions on introducing a gender-neutral conscription system or transitioning to a volunteer system should be seriously considered through social consensus, taking into account factors like changes in birth rates and the supply of military manpower. However, at the present time, it is difficult to conclude that the legislative judgment of maintaining the existing conscription system is significantly arbitrary.
The decision is not yet on the court's website.
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