Korea, South

15/03/1998

(Republic of Korea)

1 Conscription

conscription exists

Conscription is enshrined in art. 39 of the 1948 Constitution, which states: "(1) All citizens have the duty to defend the nation in accordance with the provisions of law. (2) No citizen shall be discriminated against on account of fulfilling his obligation of military service." [1]

The present legal basis of conscription is the 1958 Conscription Law. According to art. 3: "Men of Korean nationality must fulfil their military service obligation in a satisfactory manner. Women may also accomplish their active duty if they so desire." [1]

military service

All men between the ages of 19 and 40 are liable for military service. [1]

The length of military service is usually 26 months. In the case of those performing their service in the public welfare sector, administration and local government it lasts for 28 months. In certain special circumstances, when military service is performed in regional sectors of the economy, sociological and culture areas and international cooperation, it lasts for 32 months. [1]

Reservist obligations apply until the age of 50. Reservist duties consist of 100 annual training hours up to the age of 30, and 68 annual training hours for those aged between 31 and 35. Between the ages of 35 and 50 reserve service consists of tasks in the civil defence corps, a paramilitary force. [4] [6]

Between the ages of 16 and 22 all students must undergo training in the student militia (approximately 150 annual training hours). [6]

postponement and exemption

Postponement is possible for students and for medical reasons. [1]

Exemption is possible for medical reasons. [1]

Under the 1989 Military Service Exemption Control Law (and its 1990 enforcement decree) some groups are exempt from military service under a military duty substitution programme. There are three categories of professional personnel who can be exempt from military service: research, technical and public health staff. The programme requires them to work in their respective fields for at least five years, after undergoing six weeks of basic military training. [2] [3]

recruitment

Call up for medical examination (including psychological, physical and general education tests) takes place at the age of 19, followed by the placing of the conscripts concerned in six categories:

- those in category 1, 2 and 3 are drafted into military service;

- those in the 4th category are assigned to serve in the public service sector;

- those in the 5th category can be called up for military service only in wartime;

- those in the 6th category are exempt from military service. [1]

2 Conscientious objection

The right to conscientious objection is not legally recognized and there are no provisions for substitute service. [1]

In 1997 the government clearly stated: "there exists no procedure for obtaining the status of conscientious objector (...) no substitutionary service exists". [1]

In the 80s and 90s there have been some reports of Jehovah's Witnesses getting sentenced to three years' imprisonment for refusing to perform military service, but no further details are known about this. [2] [3] [8]

In 1969 the Korean Supreme Court ruled in case a against a Jehovah's Witness who refused to perform military service that "the so-called conscientious decision" was not implicit in the freedom of conscience protected by article 19 of the Constitution. [2]

Apparantly in the 60s and 70s informal arrangements were made, whereby persons who refused to bear arms could perform unarmed military service in non-combatant units of the armed forces. [4] [5]

It is unknown whether such arrangements still exist. Some conscripts are apparantly assigned to serve in the public service sector (see: recruitment), but is not known if this possibility is offered to conscientious objectors.

3 Draft evasion and desertion

penalties

Draft evasion is punishable by up to three years' imprisonment. [1]

Under the Military Penal Code desertion is punishable by two to ten years' imprisonment in peacetime, and at least five years' imprisonment in wartime. Desertion in the face of the enemy is punishable by death, life imprisonment or at least ten years' imprisonment. [1] [2]

practice

It is not known how far monitoring and punishment of draft evasion takes place. Reservists who have not obeyed to mobilization orders have reportedly been fined. [4]

6 Annual statistics

The armed forces comprise 672,000 troops, which is 1.46 percent of the population. [7]

Every year approximately 420,000 men reach conscription age. There are 159,000 conscripts in the armed forces. [7]

The paramilitary civil defence corps has 3,500,000 members, which is 7.8 percent of the population. [7]

Sources

[1] Korean Embassy in Brussels 1997. Response to CONCODOC questionnaire, 25 March 1997. [2] UN Commission on Human Rights 1997. The question of conscientious objection to military service, report of the Secretary-General prepared pursuant to Commission resolution 1995/83. United Nations, Geneva. [3] Amnesty International 1991. Conscientious objection to military service. AI, London. [4] Eide, A., C. Mubanga-Chipoya 1985. Conscientious objection to military service, report prepared in pursuance of resolutions 14 (XXXIV) and 1982/30 of the Sub-Commission of Prevention of Discrimination and Protection of Minorities. United Nations, New York. [5] Prasad, D., T. Smythe 1968. Conscription: a world survey, compulsory military service and resistance to it. War Resisters' International, London. [6] National Unification Board 1988. A Comparative Study of South and North Korea. National Unification Board, Seoul. [7] Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London. [8] Amnesty International 1988. Conscientious objection to military service. AI, London.

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