Tag: mandatory service

South Korean Supreme Court Rules in Favor of Jehovah’s Witness’ Who Refused Mandatory Military Service

It looks like there is going to be a surge of Jehovah’s Witnesses in South Korea after this court ruling:

South Korea’s Supreme Court ruled Thursday that moral scruples and religious beliefs are valid reasons to refuse compulsory military service, a landmark change in the court’s decades-long stance on conscientious objection and one that’s expected to impact the fate of over 900 men.

Thursday’s verdict concerned only one defendant, a 34-year-old Jehovah’s Witness named Oh Seung-heon. In a nine to four vote, the full bench ordered an appellate court to retry his case, effectively clearing him of charges that he violated the Military Service Act.  (…….)

Conscientious objection has long been a subject of public debate in South Korea.

More than 19,000 conscientious objectors were criminally punished under South Korean law since the 1950s, mostly serving 18 months in jail. A majority of those objectors were Jehovah’s Witnesses, a Christian sect that bases its refusal to serve in the military on Isaiah 2:4, a part of which reads, “Nation will not take up sword against nation, nor will they train for war anymore.”

South Korea’s Supreme Court said Thursday that it “violates the practice of tolerance towards minorities, a spirit of free democracy, to uniformly force the implementation of mandatory military service and criminally charge those who fail to fulfill.” In that sense, the court continued, conscientious objection falls into the category of a “valid reason” not to comply with the military’s call for enlistment.  [Joong Ang Ilbo]

You can read more at the link, but the Jehovah’s Witness defendant did say he is willing to do mandatory civilian service.  I wonder if there is a religious reason not to be part of the riot police?

No Mandatory Military Service for the Taeguk Warriors After Asian Cup Soccer Win

I am sure it was sweet to beat Japan in the Asian Cup Finals, but the fact they don’t have to do their mandatory military service is probably the most satisfying part of this win for the players:

South Korea defeated Japan 2-1 to defend the men’s football title at the Asian Games in Indonesia.

In the final match at Pakansari Stadium in Cibinong on Saturday, the men’s football team finished the 90-minute main game in a scoreless draw.

During extra time, Lee Seung-woo scored the first goal and Hwang Hee-chan added another minutes later.

South Korea successfully defended its Asiad title following their victory at Incheon 2014 and came to hold the most Asiad titles in men’s football with five.

The victory also gave the 20 Taegeuk Warriors, including captain Son Heung-min, exemption from mandatory military service that usually takes about two years.  [KBS World Radio]

Korean Soccer Team One Win Away From Mandatory Military Service Exemptions

A gold medal at the Asian Games will be extra memorable if the South Korean soccer team wins because they can avoid mandatory military service:

South Korea’s Lee Seung-woo, left, celebrates with Son Heung-min after scoring in the semifinal football match against Vietnam at the 18th Asian Games in Bogor, West Java, Indonesia, Wednesday. Korea won 3-1. Yonhap

South Korea’s soccer team is just 90 minutes away from gold at the 2018 Asian Games and that all-important military exemption thanks to a 3-1 win over Vietnam in the semifinal Wednesday.

On Saturday, Son Heung-min and his colleagues will meet either Japan or the United Arab Emirates in the final in Cibinong, south of Jakarta. If the young Taegeuk Warriors win that then the 20-man roster will not have to perform 21 months of military service.  [Korea Times]

You can read more at the link.

Korean Court Rules that Alternative Service Needed for Conscientious Objectors

It will be interesting to see if alternative service fixes this currently problem of jailing people for not doing their mandatory service for largely religious reasons:

The Constitutional Court on Thursday ordered the revision of the conscription law to allow for alternative service for conscientious objectors by the end of next year, while upholding the criminalization of those who refuse to serve in the military, largely for religious reasons.

The nine-member panel ruled a clause in the Military Service Act, which stipulates that such objectors face up to three years in prison, to be constitutional. The court did so in all its three previous rulings, most recently in 2011.

The decision was made by four votes to four, with one refusing to judge for procedural reasons. It required at least six votes to overturn the past rulings.

“The punishment clause is meant to strike a balance between securing military service resources and the burden of military service. Its legislative purpose is just, and enforcing the military service obligation with criminal punishment is a suitable means to achieve the legislative purpose,” the court said.

The court, however, ruled that another clause in the same law that does not recognize alternative service for conscription is unconformable to the highest law. It ordered the National Assembly to amend the law by the end of 2019. Otherwise, the clause will be scrapped on Jan. 1, 2020.

The decision was made by six to three.

The punishment of objectors without the provision of alternative options is an infringement of freedom of conscience and the principle banning excessive punishment, the court said.  [Yonhap]

Small Business Owners Want to Maintain Travel Ban on ROK Servicemembers

It is stressful enough that Korean men have to do mandatory military service, but now they may have to continue to have a travel ban in place just to appease small business owners that profit from the travel ban:

The South Korean military is reconsidering its initial plan to completely lift the travel ban for soldiers following opposition to the move from representatives from military-heavy regions.

According to the ministry, Vice Minister Suh Choo-suk held a meeting on Wednesday with the mayors or county governors from the inter-Korean border areas and agreed to come up with an “improvement scheme” regarding the plan to abolish the restriction on the areas soldiers can visit during their leave.

The ministry plans to announce a revised plan within the year, considering various factors, including military readiness, military personnel’s basic human rights and economic impacts on the border regions.

Last month, the military accepted a proposal from an internal reform committee to lift the restrictions to guarantee soldiers their human rights. However, the governments and small business owners in the border regions have protested the measure, saying it will negatively affect the regional economies.   [KBS Global]

Do US-ROK Dual Citizens Have to Complete Their Mandatory Military Service in South Korea?

We had an interesting post in the Open Thread about the mandatory service military obligation for dual US-ROK male citizens.  This posting from Ask A Korean highlights what the issue is about:

The unintended consequence of the 2010 law that, all of a sudden, it created a large number of Korean dual citizenship holders who did not even know that they were dual citizens. If you are a draft-eligible age, and you realized only recently that you were in fact a dual citizen, you cannot even renounce your Korean citizenship because of the 2005 law. The result:  we have a messed up situation in which diaspora Koreans, who may have never visited Korea and not speak a lick of Korean, may be draft eligible for Korean military. He can enter Korea freely, but may get stopped at the airport on his way out of Korea, like all other draft-eligible male Korean citizens.  [Ask A Korean]

Someone who is a dual citizen definitely faces the possibility of getting detained at the airport in South Korea because they have not done their mandatory military service.  I had to go deep into the ROK Drop archives to find this, but there have been examples of dual US-ROK citizens being detained at the airport in Korea despite being enlisted in the US military:

The Defense Ministry and the Military Manpower Administration may have to wait for years before they can get their hands on two Koreans who violated the military service law by enlisting in the U.S. Army.

The two Koreans aged 21 and 22 who have U.S. citizenship and residence respectively but retain their Korean nationality volunteered for the U.S. Army without performing their mandatory military service here, the MMA said Friday. Both were supposed to join the Korean armed forces in 2004 but both enlisted with U.S, forces instead. One instead went with them to Germany and both are now ironically with the U.S. Forces Korea as privates first class.  (…)

The first came to Korea on leave last June, and the travel ban stopped him from returning to his unit in Germany. He was indicted here the same month but the indictment was suspended because he serves in the U.S. military. He then transferred to the USFK. The MMA says it will make both of them serve in the Korean forces as well. Article 71 of the Military Service Law says those with dual nationality who violate the law must perform their military duties in Korea before they turn 35.

 

This dual citizenship issue should definitely be a concern for anyone with male children that may be considered dual citizens.  However, there is a way to renounce ROK citizenship at age 18 to ensure that the male child is not detained at the airport to do their mandatory military service in South Korea.  Here is the information posted on the US Embassy website for the Republic of Korea on this issue:

All malecitizens of the Republic of Korea (ROK), including dual nationals, have military service responsibilities in accordance with the Korean Constitution and the Military Service Law.

Korea’s Military Manpower Administration is responsible for implementation and enforcement of regulations related to military service responsibilities.  The following details related to military service have been provided by Korean officials:

  • Males with multiple citizenships must choose their nationality by March 31 of the year they turn 18.  Those who fail to do so are subject to military service obligations.

  • Male ROK nationals who were born in the ROK but later acquire a foreign citizenship automatically lose their ROK citizenship and are no longer subject to Korean military service, whether or not they notify their loss of nationality to the relevant Korean authorities.  However, if these individuals did not abide by military service procedures prior to naturalizing, such as obtaining the necessary overseas travel permits, they may be subject to fines, penalties, and/or incarceration upon return to the ROK.

  • All male ROK nationals between the ages 25-37, including dual nationals, must obtain overseas travel permits from the MMA if they have not completed their military service and wish to travel overseas.  These permits allow applicants to postpone their military service duty up until the age of 37.  Those who lived overseas before age 25, must apply for these permits by January 15 of the year they turn 25.  Applications may be made through a Korean embassy or consulate.

  • There are different categories under which dual nationals qualify for an overseas travel permit, with classification determined by factors including parents’ citizenship or residency status, time spent abroad, and time spent in Korea.

  • In cases where an applicant obtained a travel permit based on their parents’ overseas residency status and the parents have now returned to the ROK, the permit can be cancelled and the applicant subject to military service.

  • An overseas travel permit can be cancelled and an applicant subject to military service if an applicant lives in the ROK for at least six months in a period of one year, or has engaged in for-profit activities in the ROK for a total of 60 days or more during a one year period.

This English language Military Manpower Administration website is packed with even more information for those interested in this issue.

It seems the me the ROK government is trying to walk a very careful line of stopping draft dodgers while still being able to give people who are legitimately foreign citizens the opportunity to renounce their Korean citizenship to avoid the mandatory military service obligation.

South Korean Conscripts Receive a Pay Raise, Now Make $99 a Month

If you ever wondered how much a South Korean conscript to include the KATUSA soldiers assigned to US military units make, the answer is not much:

Conscript soldiers’ pay will increase in 2018 to 30 percent of this year’s minimum wage of an annual 1,352,230 won ($1,189.8). This means all draftees will receive 405,669 won, almost double the current 216,000 won. The announcement was made Monday at a regular press briefing by the State Affairs Planning Advisory Committee, President Moon Jae-in’s de facto power transition team.

Pay will be incrementally increased to 40 percent of the minimum wage by 2020, and reach 50 percent by 2022, equivalent to 540,892 won and 676,115 won, respectively.

The move is part of “fulfilling (Moon’s) national defense plan to increase soldiers’ pay,” committee spokesman Park Kwong-on said. President Moon had vowed better treatment for conscripted soldiers ― all able-bodied Korean men aged between 18 and 35 must serve in the military for up to 21 months.  [Korea Times]

You can read more at the link, but diving $1,189 annual salary by 12 months means the ROK conscripts are making roughly $99 a month.  The cost savings from mandatory service is why the ROK military will never become a volunteer only military.

K-Pop Star T.O.P Faces Dishonorable Discharge from the ROK Military

It will be interesting to see if this drug arrest and possible dishonorable discharge from the ROK military will effect his K-Pop career:

T.O.P of K-pop boy band BIGBANG was officially suspended from mandatory military service on Friday after being indicted for smoking marijuana on multiple occasions.

T.O.P, whose real name is Choi Seung-hyun, is accused of smoking the banned substance four times with a trainee female singer, 21, at his home in Yongsan-gu, Seoul last October.

Choi, who began his military service as a policeman in February, was indicted without detention Monday. He was admitted to Ewha Womans University Medical Center in Yangcheon-gu, Seoul the next day suffering from an apparent overdose of benzodiazepine. He became unconscious.  [Korea Times]

You can read more at the link.