“If the veteran’s military service points legislation is not enacted, it is unconstitutional”… Citizens’ group files constitutional petition

Constitutional Petition Filed against the Veterans' Benefits Point System, Reigniting Controversy over Equality Rights

Civic group Seomin Minseong Countermeasure Committee has filed a constitutional petition arguing that the legislative inaction regarding the veterans' benefits point system is a violation of the constitution.

On the 23rd, Seomin submitted the constitutional petition along with two claimants, stating, "The absence of any compensation for veterans is exacerbating the damages caused by the establishment of reserves."

Image 1

Seomin highlighted in a statement, "Until now, only responsibilities and obligations have been emphasized, which deprives individuals of their right to public office and freedom of occupational choice," and pointed out that this violates the provision in Article 39, Paragraph 2 of the Constitution that states, 'Prohibition of disadvantages due to the fulfillment of military duties.'

This contrasts with the Constitutional Court's past judgment that the veterans' benefits point system discriminates against women and men who are not veterans.

On December 23, 1999, the Constitutional Court ruled that the veterans' benefits point system infringes upon the right to equality as stated in Article 11 of the Constitution.

Image 2

The previous decision raised concerns about its adverse effects on women and men who are not veterans.

However, Seomin argues that, given the current social changes and technological advancements, women and individuals with disabilities should also serve the duty of national defense.

They also added that applying additional points upon discharge in the context of a shortage of military personnel could prevent discrimination based on the right to public office, freedom of occupational choice, and equality rights.

Image source: Kim Soon-hwan, Secretary-General of Seomin Minseong Countermeasure Committee. 2024.5.9 / News1, Material photo for understanding the article / gettyimagesbank