Conscription in South Korea
Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]
Establishment[edit]
The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]
In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]
The age standard is from January 1 to December 31 of the year of age.
Service types and length[edit]
Grade 1, 2, 3 and 4: those are suitable for military service (현역)[edit]
The length of compulsory military service in South Korea varies based on military branch.[26] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years (5 years from 2021).
Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]
In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]
Equipment[edit]
The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]
The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]
Dual citizens[edit]
For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.
There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]
Racial minorities[edit]
In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.
Controversies[edit]
Violation of Forced Labour Convention[edit]
The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]
According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents (사회복무요원)", and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]
In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]