특수임무수행자 보상제도의 법적 문제점

Abstract

The Republic of Korea enacted the Law on Compensation for Special Mission Executors(hereafter referred to as the CSME Law) in January 2004 for the first time in its history. This is quite meaningful in that the country officially recognized its instruction of and engagement with special mission on the government level, and moreover it expressed proactive will to repay special mission executors' sacrifice, devotion and tears in a small quantity. But the CSME Law brought about many problems in the process of its enforcement. For example, the lower norm, namely Enforcement Decree of the CSME Law impaires the spirit of thehigher law or ends in question of equity by unduly limiting the sphere of its application. Further, the CSME Law discriminates compensation between officers and enlisted men in relation to education and drill for special mission. Now it is proper to pursue revising the existing CSME Law as soon as possible in order to solve the diverse problems raised up to now. In addition, the Korean government should afford as much protection and assistance as possible to the men who executed special mission similar to that of intelligence corps and notwithstanding the fact were excluded from the compensation system under the CSME Law. For this, itshouldpositively consider enacting new special law on special mission concerning compensation for non-intelligence unit members.