Korea, Republic of: Compulsory military service, including the length of service; grounds for exemption; possibility of conscientious objection; consequences for draft evaders
All men are subject to compulsory military service in the Republic of Korea (South Korea) (US 8 Apr. 2011 The Korea Times 11 Apr. 2011; New York Times 30 July 2011). The weekly newsmagazine Time notes that military conscription has been in place in South Korea for the country's entire existence (7 June 2011). Military service continues to be mandatory due to ongoing tensions with the Democratic People's Republic of Korea (North Korea) (Time 7 June 2011; New York Times 30 July 2011). After completing military service, individuals must also perform duties in the reserve forces during the subsequent eight years (AI 15 May 2011; WRI 23 Mar. 2009). According to War Resisters International (WRI), an international anti-war organization that promotes non-violence and supports those who refuse to participate in war (ibid. 24 July 2008), individuals must perform approximately 160 hours of military training during these eight years (ibid., 23 Mar. 2009).
The New York Times reports that those who serve in the military may be subject to physical and mental mistreatment, but that the South Korean military has begun a concentrated effort to reduce physical discipline and the mistreatment of soldiers (30 July 2011).
Length of service
South Korea requires all men between the ages of 19 and 36 to report for military service (Time 7 June 2011; AI 15 May 2011; The Korea Times 30 Dec. 2010). WRI explains that all male South Koreans "are automatically registered as conscripts ... in the year they turn 18" (WRI 23 Mar. 2009). WRI further states that the conscripts are given examinations at 19 years of age that govern their placements or exemptions (ibid.). According to WRI, the examinations include “psychological, physical, and general-education tests” (ibid.). The Korea Times reported in December 2010 that the Military Manpower Administration had announced that the maximum age for military service was to be raised from 31 to 36, but the maximum age would be 38 years of age for those found to have attempted to evade military service (30 Dec. 2010).
The length of time during which an individual must perform in military service varies depending on where the individual serves (The Korea Times 11 Apr. 2011; US 8 Apr. 2011). Media sources reported in late 2010 that, starting in early 2011, mandatory service for the army was to be frozen at 21 months, for the navy at 23 months, and for the air force at 24 months, rather than continuing earlier-planned reductions (The Korea Times 30 Dec. 2010; The Chosun Ilbo 22 Dec. 2010). According to the media sources, the period of service had been shortened three months for each branch of the military as part of gradual reductions set in motion in 2007 (ibid.; The Korea Times 30 Dec. 2010).
Grounds for exemption and disqualification
WRI states that the grounds for exemption from mandatory military service are limited to “physical inadequacies, insufficient educational background, or domestic reasons” (23 Mar. 2009). However, some media sources note that prior to 2011, South Koreans of mixed race with "non-Asian features" were excluded from military service (The Korea Times 30 Dec. 2010; Yonhap 12 Oct. 2010). According to the South Korean news agency Yonhap, this exclusion existed due to fears of racial prejudice (ibid.). According to The Korea Times, fewer than ten “biracial” persons per year were excluded under the previous policy (The Korea Times 30 Dec. 2010). Homosexuality is also considered grounds for exemption from military service, as it is considered a mental illness (WRI 23 Mar. 2009). In addition, homosexual acts during military service are banned by the military criminal code (Chingusai 5 Feb. 2011; AFP 31 Mar. 2011). In March 2011, the South Korean Constitutional Court endorsed the constitutionality of the ban (ibid.). According to Chingusai, a gay men's rights group in South Korea, the penalty for homosexual acts was increased from one to two years imprisonment while the Court studied the issue (5 Feb. 2011).
According to sources, individuals employ various means to try to obtain exemption from military service (Time 7 June 2011; AP 11 Feb. 2009; The Korea Times 11 Apr. 2011; VOA 1 June 2010). These methods include the use of fraudulent medical records (Time 7 June 2011; AP 11 Feb. 2009), losing weight (Time 7 June 2011; AP 11 Feb. 2009), overeating (ibid.) and falsifying disabilities and mental disorders (VOA 1 June 2010). The Associated Press (AP) adds that some individuals seeking exemptions have "had surgery to damage ligaments or knee cartilage" and that "[a] few have even feigned insanity" (11 Feb. 2009). According to the South Korean daily newspaper The Korea Times, a singer and TV personality was tried for allegedly having healthy teeth removed in order to be exempted (The Korea Times 11 Apr. 2011).
Some South Korean men have reportedly gotten tattoos in order to disqualify themselves from military service (Time 7 June 2011; AP 11 Feb. 2009). AP explains that those with large tattoos are considered unfit for service for cultural reasons and because tattoos in South Korea are associated with organized crime (AP 11 Feb. 2009). Those who are suspected of getting tattoos in order to evade conscription are prosecuted "'for wilfully tampering with body to avoid military duty'" (ibid.).
Some individuals have reportedly renounced Korean citizenship (The Korea Times 30 Dec. 2010) or obtained foreign citizenship to avoid military service (VOA 1 June 2010; AP 11 Feb. 2009). According to WRI, "[m]ilitary service can be postponed for students and for those with medical reasons up to a certain age limit depending on each case. After reaching the age limit, postponement is no longer possible" (23 Mar. 2009). Voice of America (VOA) reports that some individuals extend their studies abroad to avoid military service (1 June 2010). Sources also report that there have been cases of bribes paid to keep some individuals out of military service (Time 7 June 2011; AP 11 Feb. 2009).
Conscientious objectors
South Korea does not allow conscientious objection (US 8 Apr. 2011; VOA 1 June 2010; WRI 21 Apr. 2009). Sources also report that there are no alternatives to compulsory military service (AI 15 May 2011; WRI 23 Mar. 2009). Amnesty International (AI) reports that the South Korean Constitutional Court ruled in late August 2011 that the right to freedom of conscience established in the Constitution of the Republic of Korea did not guarantee the right to conscientious objection (AI 2 Sept. 2011).
Domestic and international human rights observers have called on the South Korean government to recognize the right to conscientious objection and to introduce alternatives to military service (ibid. 15 May 2011; WRI 22 Feb. 2011; AHRC 11 Mar. 2011). In addition, according to AI, the UN Human Rights Committee ruled in March 2011 that South Korea had violated the International Covenant on Civil and Political Rights (ICCPR) by jailing conscientious objectors (AI 15 May 2011).
More than 15,000 conscientious objectors have been imprisoned since the Second World War, including more than 5,000 since 2000 (AHRC 11 Mar. 2011; WRI 21 Apr. 2009). The large majority of imprisoned conscientious objectors are Jehovah's Witnesses (AI 15 May 2011; US 8 Apr. 2011; VOA 1 June 2010). Sources report that, as of November 2010, there were more than 900 conscientious objectors in jail in South Korea (US 8 Apr. 2011; WRI 22 Feb. 2011; AI 2011). The US Department of State Country Report on Human Rights Practices 2010 states that, according to the Jehovah's Witnesses organization Watchtower International, of the individuals in prison for conscientious objection as of November 2010, 900 were Jehovah's Witnesses and 30 were non-Jehovah's Witnesses (US 8 Apr. 2011),
In 2007, the Ministry of National Defence announced plans to introduce alternative service for conscientious objectors (AI 15 May 2011; AHRC 11 Mar. 2011). However, these plans were cancelled in December 2008 (ibid.; US 11 Mar. 2010). The Ministry announced that the change in policy was due to a lack of public support (AI 15 May 2011; AHRC 11 Mar. 2011; US 11 Mar.2010). The Asian Human Rights Commission and War Resisters International suggest that the reversal of policy was due to a change of government (AHRC 11 Mar. 2011; WRI 22 Feb. 2011). Country Reports 2010 states that, according to Watchtower International, a doubling of the number of jailed conscientious objectors from January to November 2010 is explained by individuals who had previously deferred beginning prison terms in the hopes of taking advantage of the anticipated alternate service measures (US 8 Apr. 2011).
The NGO Korea Solidarity for Conscientious Objection works toward changing the military-service law and provides support to conscientious objectors (AHRC 11 Mar. 2011;VOA 1 June 2010). According to Country Reports 2009, Watchtower International is also active in lobbying the government on the issue of conscientious objection (US 11 Mar. 2010). Country Reports 2009 also notes that, according to the Jehovah's Witnesses, the courts were increasingly showing sympathy towards conscientious objectors (ibid.).
Consequences for draft evaders and conscientious objectors
The South Korean Ministry of Justice has stated that the law does not distinguish between draft evaders and conscientious objectors US 8 Apr. 2011). Those who do not fulfil compulsory military service are subject to arrest and imprisonmen ibid.; VOA 1 June 2010). The maximum jail term for this crime is three years (US 8 Apr. 2011; WRI 23 Mar. 2009). However, the typical sentence is reported to be 18 months (US 13 Sept. 2011; WRI 21 Apr. 2009). According to WRI, 18 months is the minimum sentence that can lead to a discharge from the military (ibid.). The US Department of State International Religious Freedom Report 2010 likewise states: "[c]onscientious objectors who are sentenced to more than one year and six months in prison are exempt from further military service and reserve-duty obligations and are not subject to further fines or other punishment"(US 13 Sept. 2011). However, those who become conscientious objectors after fulfilling their mandatory service may be subject to multiple prosecutions and penalties if they refuse to take part in reserve-forces duties (ibid.; WRI 23 Mar. 2009).
Sources also report that those convicted of evading military service will have criminal records (AI 15 May 2011; AHRC 11 Mar. 2011; VOA 1 June 2010). The employment prospects of those who have not completed military service is also limited (AI 15 May 2011; VOA 1 June 2010). According to AP, those seeking high-level government positions or election to Parliament are legally obligated to disclose their own and their children's service records (11 Feb. 2009). In addition, as military service is seen as a "rite of passage" for young men in South Korea, draft evaders may have trouble fitting into society (AHRC 11 Mar. 2011; New York Times 30 July 2011; VOA 1 June 2010).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Agence France-Presse (AFP). 31 March 2011. "S. Korea Court Upholds Military Ban On Gay Behaviour." <http://www.france24.com/en/20110331-korea-court-upholds-military-ban-gay-behaviour> [Accessed 27 Sept. 2011]
Amnesty International (AI). 2 September 2011. "Document - Constitutional Court Ruling Runs Counter to South Korea’s Obligations Under International Human Rights Law." (ASA 25/010/2011) <http://www.amnesty.org/en/library/info/ASA25/010/2011/en> [Accessed 20 Sept. 2011]
_____. 15 May 2011. "Document - South Korea Must Immediately Release all Conscientious Objectors and Introduce Alternatives to Military Service." (ASA 25/006/2011) <http://www.amnesty.org/en/library/asset/ASA25/006/2011/en/ff2fc230-859e-4988-ace7-2979f15ac219/asa250062011en.html> [Accessed 20 Sept. 2011]
_____. 2011. "South Korea." Annual Report 2011: The State of the World's Human Rights. http://www.amnesty.org/en/region/south-korea/report-2011[Accessed 20 Sept. 2011]
Asian Human Rights Commission (AHRC). 11 March 2011. "South Korea: 18 Month-Imprisonment of Man for His Beliefs." <http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-058-2011> [Accessed 28 Sept. 2011]
Associated Press (AP). 11 February 2009. Sang-Hun Choe. "Draft Dodging South Korean Style." <http://www.cbsnews.com/2102-202_162-560228.html?tag=contentMain;contentBody> [Accessed 20 Sept. 2011]
Chingusai. 5 Feb. 2011. "Plea From Gay Koreans." (International Lesbian, Gay, Bisexual, Trans and Intersex Association - ILGA) <http://ilga.org/ilga/en/article/mXJpJ3y1hM> [Accessed 20 Sept. 2011]
The Chosun Ilbo. 22 December 2010."Mandatory Military Service Frozen at 21 Months." <http://english.chosun.com/site/data/html_dir/2010/12/22/2010122201061.html> [Accessed 15 Sept. 2011]
The Korea Times [Seoul]. 11 April 2011. Park Si-soo. "MC Mong Gets Suspended Jail Term." <http://www.koreatimes.co.kr/www/news/nation/2011/04/117_85002.html> [Accessed 15 Sept. 2011]
_____. 30 December 2010. Lee Tae-Hoon. "Biracial Male Citizens Subject to Conscription." <http://www.koreatimes.co.kr/www/news/nation/2011/03/116_78908.html> [Accessed 15 September 2011]
The New York Times. 30 July 2011. Choe Sang-hun. "A Korean ‘Sacred Duty’ Harbors a Dark Side." <http://www.nytimes.com/2011/07/31/world/asia/31marines.html?pagewanted=all> [ Accessed 28 Sept. 2011]
Time. 7 June 2011. Steve Finch."After Tensions with North, South Korea Ponders Its 63-Year-Old Draft." <http://www.time.com/time/world/article/0,8599,2076144,00.html> [Accessed 28 Sept. 2011]
United States (US). 13 September 2011. Department of State. "Korea, Republic of." July-December, 2010 International Religious Freedom Report. <http://www.state.gov/g/drl/rls/irf/2010_5/168361.htm> [Accessed 27 Sept. 2011]
_____. 8 April 2011. Department of State. "Republic of Korea." Country Reports on Human Rights Practices for 2010. <http://www.state.gov/g/drl/rls/hrrpt/2010/eap/154389.htm> [Accessed 27 Sept. 2011]
_____. 11 March 2010. "Republic of Korea." Country Reports on Human Rights Practices for 2009. <http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135996.htm> [Accessed 27 Sept. 2011]
Voice of America. 1 June 2010. Jason Strother. "Conscientious Objectors Call for End to South Korea's Military Conscription Law." <http://www.voanews.com/english/news/asia/Conscientious-Objectors-Call-for-End-to-South-Koreas-Military-Conscription-Law----95308154.html > [Accessed 20 Sept. 2011]
War Resisters' International (WRI). 22 February 2011. Andreas Speck. "South Korea: Conscientious Objector Jihwan Ahn Sentenced to 18 Months Imprisonment." <http://www.wri-irg.org/node/12258> [Accessed 27 Sept. 2011]
_____ 21 April 2009. Andreas Speck. "Solidarity with Conscientious Objectors in South Korea." <http://www.wri-irg.org/es/node/7310> [Accessed 20 Sept. 2011]
_____ 23 March 2009. "Korea, South." <http://www.wri-irg.org/programmes/world_survey/country_report/en/Korea,%20South> [Accessed 20 Sept. 2011]
_____. 24 July 2008. "About WRI." <http://wri-irg.org/network/about_wri> [Accessed 7 Oct. 2011]
Yonhap. 12 October 2010. "Military to Introduce Measures to Help Enlisted Mixed-race Personnel." <http://english.yonhapnews.co.kr/news/2010/10/12/ 0200000000AEN20101012007700315.HTML> [Accessed 27 Sept. 2011]
Additional Sources Consulted
Internet sites, including: Australian Refugee Review Tribunal; European Country of Origin Information Network; Factiva; Freedom House; Human Rights Watch; Korea Solidarity for Conscientious Objection; Republic of Korea – Military Manpower Administration; South Korea National Human Rights Commission; United Nations – Refworld; ,Watchtower Society Official Web Site; World Without Wars and Violence.