In this study, the essential questions are the limitation of the right to Health of the soldiers
in military service under the military service law. During the military service, they are subject to
restriction on their rights in many ways under the Constitution and some specific laws but the
Constitution says that the nation cannot infringe on the fundamental contents of right's.
In nomology, the concept of health and health rights is relatively unfamiliar. The State will
be protecting the right to health that is the Constitutional right based on direct provisions. The
Constitutional right to Health may have two aspects of social right and civil liberty. The
meaningful contents of right to Health are the aspect of Social right which requires the right of
security of health toward the State.
The right to medical care for military members as the aspects of social right includes the right
to public health, the right to require the best treatment by medical staffs. There are two phases
of the right to medical care. First, the right to access medical personal includes the right to timely
treatment and the right to choose non-military hospitals. Second, the right to best treatments is
required in the phase of process of medical treatments.
Finally, the soldiers in military service have right to compensation for injury. If the medical
malpractice exists at the military hospitals, the compensation by the State will be also available.